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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />2i <br />2E <br />preceding this Ordinance, the following policies set forth in Section 321 of the <br />Redevelopment Plan shall apply to the exercise of the power of eminent domain by the <br />Agency under the Redevelopment Plan: <br />The Agency may acquire, but is not required to acquire, any real property <br />located in the Project Area by gift, devise, exchange, purchase, or any other <br />lawful method, including eminent domain, subject to the exceptions specified <br />in this section. The Agency is authorized to acquire structures without <br />acquiring the land upon which those structures are located. The Agency is also <br />authorized to acquire any other interest in real property less than a fee. The <br />exercise of the right of eminent domain, if necessary, to acquire property <br />within the Project Area shall be commenced by the Agency within twelve (12) <br />years following the adoption of this Plan. <br />Properties may be acquired and cleared by the Agency if a determination is <br />made that one or more of the following conditions exist: <br />(a) The building must be removed in order to assemble land into parcels of <br />reasonable size and shape to eliminate that impediment to land <br />development; <br />(b) The building is substandard as demonstrated by an inspection of the <br />property by the Building Department of the City of Colton; <br />(c) The building must be removed in order to eliminate an environmental <br />deficiency, including, but not limited to, incompatible land uses and <br />small and irregular lot subdivisions; <br />(d) The building must be removed to provide land for needed public <br />facilities, including among others, rights-of-way, public safety <br />facilities, public recreational facilities and open space, and other public <br />utilities. <br />Properties which may not be acquired by eminent domain include the <br />following: <br />Property owned by public bodies which do not consent to such acquisition. <br />The Agency is authorized, however, to acquire property devoted to a public <br />use; <br />Real property to be retained by an owner, either as a conforming owner or <br />pursuant to a participation agreement, if the owner fully performs under the <br />agreement; or <br />Real property on which an existing building is to be continued on its present <br />site and in its present form and use may not be acquired by eminent domain <br />without the consent of the owner unless: <br />-3- <br />