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The property is not needed for the development of replacement <br />housing for those displaced by Agency activity, if any; and <br />The property is not needed for any other public improvement or <br />The property is not needed to promote historical or architectural <br />preservation; and <br />The property is not needed to remove a blighting influence on <br />surrounding properties which prevents achievement of the objectives of this Plan; and <br />The property is not needed for the elimination of environmental <br />deficiencies including among other things, inadequate circulation, access or street layout, <br />hazardous materials, incompatible and mixed uses, overcrowding and small parcel size; and <br />The property is not needed for the removal of impediments to land <br />development and disposition through assembly of land into appropriately sized and shaped <br />parcels served by improved circulation and utilities. <br />Notwithstanding the foregoing limitations, the Agency may, with the prior written <br />consent of the affected property owner, use the power of eminent domain to acquire property <br />within the Project Area that is otherwise excluded from the exercise of the power of eminent <br />domain. <br />The Agency must commence eminent domain proceedings with respect to any property <br />which it intends to acquire within twelve (12) years after the Auditor Certification Date. This <br />time limit for commencement of eminent domain proceedings may be extended only by <br />amendment of the Plan. The Agency may acquire property by voluntary (e.g., non-eminent <br />domain) means after the expiration of the time limit for eminent domain proceedings and prior to <br />the expiration of the effectiveness of the Plan. <br />Prior to any acquisition through eminent domain the Agency shall adopt a resolution <br />declaring a need to acquire any specific property and authorizing the acquisition by such method. <br />2. Acquisition of Personal Property <br />Generally, personal property shall not be acquired. However, where necessary in the <br />execution of this Plan, the Agency is authorized to acquire personal property in the Project Area <br />by any lawful means. <br />C. PARTICIPATION BY OWNERS AND BUSINESS TENANTS <br />1. Opportunities for Owners and Business Tenants <br />The Agency shall extend reasonable preferences to persons who own property or are <br />engaged in business in the Project Area, to continue or re-enter in business within the Project <br />facility; and <br />201\45\166562.4 13