§ 38.04 DEPOSIT IN COURT; ORDER OF TAKING; POSSESSION; RENTAL; LEGAL PROCESS.
   (A)   If the petitioner deposits with the county treasurer money in the amount preliminarily found by the court to be just compensation, the court shall enter an order of taking, vesting in the petitioner the fee simple title (or such lesser estate, interest, or easement, as may be required) to the property, if such vesting has been requested, and has been found necessary by the court, at such date as the court considers proper, and fixing a date on which the petitioner is authorized to take possession of and to use the property.
   (B)   If, at the request of any interested party and on his showing of undue hardship or other good cause, the petitioner's authority to take possession of the property is postponed for more than 10 days after the date of such vesting of title, or more than 15 days after the entry of such order when the order does not vest title in the petitioner, then such party shall pay to the petitioner a reasonable rental for the property, the amount thereof to be determined by the court. A writ of assistance, injunction, or any other appropriate legal process or procedure shall be available to place the petitioner in possession of the property on or after the date fixed by the court for the taking of possession and to prevent any unauthorized interference with possession and the petitioner's proper use of the property.
(Ord. 6685, passed 8-14-79)