(A) Private property shall not be taken or damaged for public use without just compensation; and that in all cases in which compensation is not made by the village in its corporate capacity, the compensation shall be ascertained by a jury, as hereinafter prescribed.
(B) Where compensation is so made by the village, any party upon application may have a trial by jury to ascertain the just compensation to be paid.
(C) The demand on the part of the village shall be filed with the petition for condemnation of the village.
(D) Where the village is the petitioner, a defendant desirous of a trial by jury must file a demand therefor on or before the return date of the summons served on him or her or fixed in the publication in case of defendants served by publication. In the event no party in the condemnation suit demands a trial by jury as provided for by this section, then the trial shall be before the court sitting without a jury.
(Ord. 83-405, passed 3-10-1983)