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The Agency may acquire, but is not required to acquire, any real property located <br />in the Project Area by gift, devise, exchange, purchase, or any other lawful <br />method, including eminent domain, subject to the exceptions specified in this <br />section. The Agency is authorized to acquire structures without acquiring the <br />land upon which those structures are located. The Agency is also authorized to <br />acquire any other interest in real property less than a fee. the exercise of the right <br />of eminent domain, if necessary, to acquire property within the Project Area shall <br />be commenced by the Agency within twelve (12) years following the adoption of <br />this Plan. <br />Properties may be acquired and cleared by the Agency if a determination is made <br />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 small <br />and irregular lot subdivisions; <br />(d) The building must be removed to provide land for needed public facilities, <br />including among others, rights-of-way, public safety facilities, public <br />recreational facilities and open space, and other public utilities. <br />Properties which may not be acquired by eminent domain include the following: <br />Property owned by public bodies which do not consent to such acquisition. The <br />Agency is authorized, however, to acquire property devoted to a public 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 site <br />and in its present form and use may not be acquired by eminent domain without <br />the consent of the owner unless: <br />(a) The building requires structural alterations, improvements, modernization <br />or rehabilitation; <br />(b) The site or lot on which the building is situated required modification in <br />size, shape or use; or <br />(c) It is necessary to impose upon such property any of the standards, <br />Exhibit A <br />