(A) (1) If the petitioner is not in possession pursuant to an order entered under the provisions of § 31.065 above, the judge or court, upon the report, or upon the court's ascertainment and finding of the just compensation where there was no jury, shall proceed to adjudge and make such order as to right and justice shall pertain, ordering that petitioner enter upon such property and the use of the same upon payment of full compensation as ascertained as aforesaid, within a reasonable time to be fixed by the court, and the order, with evidence of the payment, shall constitute complete justification of the taking of the property.
(2) Thereupon, the court in the same eminent domain proceeding in which the orders have been made, shall have exclusive jurisdiction to hear and determine all rights in and to such just compensation and shall make findings as to the rights of the parties therein, which shall be paid by the County Treasurer out of the respective awards deposited with him or her as provided in § 31.087 below, except where the awards deposited with him or her as provided in § 31.087, except where the parties claimant are engaged in litigation in a court having acquired jurisdiction of the parties with respect to their rights in the property condemned prior to the time of the filing of the petition to condemn. Appeals may be taken from any findings by the court as to the rights of the parties in and to the compensation paid to the County Treasurer as in other civil cases. If in such case the petitioner shall dismiss the petition before the entry of the order by the court first mentioned in this division (A) or shall fail to make payment of full compensation within the time named in such order, or if the final judgment is that the petitioner cannot acquire the property by condemnation, the court or judge shall, upon application of the defendants to said petition or either of them, make the order in the cause for the payment by the petitioner of all costs, expenses and reasonable attorney fees of the defendant or defendants paid or incurred by the defendant or defendants in defense of the petition, as upon the hearing of the application shall be right and just, and also for the payment of the taxable costs.
(B) In case the petitioner is in possession pursuant to an order entered under the provisions of § 31.065 above and if § 31.071 above is inapplicable, then the court, upon the jury's report, or upon the court's determination of just compensation if there was no jury, shall proceed to enter an order setting forth the amount of just compensation so finally ascertained and ordering and directing the payment of any amount thereof that may remain due to any of the interested parties, directing the return of any excess in the deposit remaining with the Clerk of the Court, and directing the refund of any excess amount withdrawn from the deposit by any of the interested parties, as the case may be.
(Ord. 83-405, passed 3-10-1983)