At any time after the petitioner has taken possession of the property pursuant to the order of taking, if an appeal has not and will not be taken from the court's order described in § 38.03 (B), or if such appeal has been taken and has been determined in favor of the petitioner, any party interested in the property may apply to the court for authority to withdraw for his own use his share (or any part thereof) of the amount preliminarily found by the court to be just compensation, and deposited by the petitioner in accordance with the provisions of § 38.04 (A), as such share shall have been determined by the court. The court shall then fix a date for a hearing on the application, and shall require that due notice of the application to be given to each party whose interest would be affected by the withdrawal. After the hearing, the court may authorize the withdrawal requested, or such part thereof as shall be proper, but on the condition that the party making the withdrawal shall refund to the clerk of the court, on the entry of a proper court order, any portion of the amount so withdrawn which shall exceed the amount finally ascertained in the proceeding to be just compensation (or damages, costs, expenses, or attorney fees) owing to such party.
(Ord. 6685, passed 8-14-79)