(A) The court shall fix a date, not less than five days after the filing of the motion, for the hearing thereon, and shall require due notice to be given to each party to the proceedings whose interests would be affected by the taking requested, except that any party who has been or is being served by publication and who has not entered his or her appearance in the proceeding need not be given notice unless the court so requires, in its discretion and in the interests of justice.
(B) At the hearing, if the court has not previously, in the same proceeding, determined that the petitioner has authority to exercise the right of eminent domain, that the property sought to be taken is subject to the exercise of the right, and that the right is not being improperly exercised in the particular proceeding, then the court first shall hear and determine the matters. The court's order thereon is appealable, and an appeal may be taken therefrom by either party within 30 days after the entry of the order, but not thereafter unless the court, on good cause shown, shall extend the time for taking the appeal. However, no appeal shall stay the further proceedings herein prescribed unless the appeal is taken by the petitioner, or unless on order staying the further proceedings shall be entered either by the trial court or by the court to which the appeal is taken.
(C) If the forgoing matters are determined in favor of the petitioner and further proceedings are not stayed, or if further proceedings are stayed and the appeal results in a determination in favor of the petitioner, then the court shall hear the issues raised by the petitioner's motion for taking. If the court finds that reasonable necessity exists for taking the property in the manner requested in the motion, the court then shall hear the evidence as it may consider necessary and proper for a preliminary finding or just compensation; and in its discretion, the court may appoint three competent and disinterested appraisers as agents of the court to evaluate the property to which the motion relates and to report their conclusions to the court; and their fees shall be paid by the petitioner. The court then shall make a preliminary finding of the amount constituting just compensation.
(D) The preliminary finding of just compensation, and any deposit made or security provided pursuant thereto, shall not be evidence in the further proceedings to ascertain finally the just compensation to be paid, and shall not be disclosed in any manner to a jury impaneled in the proceedings; and if appraisers have been appointed as herein authorized, their report shall not be evidence in the further proceedings, but the appraisers may be called as witnesses by the parties to the proceedings.
(Ord. 83-405, passed 3-10-1983)