2007 ORD O-10-07 - Laserfiche WebLink

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 (Title 25 California Code of Regulations) and such other applicable local, state or federal ordinances, statutes, rules, regulations and decisional law. The Agency shall assess the payment of fair market value for interests in real property, payment for the taking and damaging of improvements, fixtures and equipment, any diminution in value caused to a remainder of property acquired pursuant to a resolution of necessity, relocation benefits and assistance, loss of business goodwill in appropriate cases and the necessary costs of mitigating a loss of business goodwill. Section 5. In addition to the limitations on acquisition of property by the Agency under the California Community Redevelopment Law and the time limits for exercise of the power of eminent domain under the Amended Redevelopment Plan, as set forth in the Recitals preceding this Ordinance, the following policies set forth in Section 321 of the First Amendment shall apply to the exercise of the power of eminent domain by the Agency under the Amended Redevelopment Plan: The Agency may acquire, but is not required to acquire, any real property located in the Project Area by gift, devise, exchange, purchase, or any other lawful method, including eminent domain, subject to the exceptions specified in this section. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is also authorized to acquire any other interest in real property less than a fee. The exercise of the right of eminent domain, if necessary, to acquire property within the Project Area shall be commenced by the Agency within twelve (12) years following the adoption of this Plan. Properties may be acquired and cleared by the Agency if a determination is made that one or more of the following conditions exist: (a) The building must be removed in order to assemble land into parcels of reasonable size and shape to eliminate that impediment to land development; (b) The building is substandard as demonstrated by an inspection of the property by the Building Department of the City of Colton; (c) The building must be removed in order to eliminate an environmental deficiency, including, but not limited to, incompatible land uses and small and irregular lot subdivisions; (d) The building must be removed to provide land for needed public facilities, including among others, rights-of-way, public safety facilities, public recreational facilities and open space, and other public utilities. Properties which may not be acquired by eminent domain include the following: -3-