168.10 DAMAGES ASSESSED BEFORE IMPROVEMENT.

   At the time of the passage of the ordinance determining to proceed with the improvements as hereinbefore provided, the Council shall determine whether the claims for damages so filed shall be allowed and paid or shall be judicially inquired into before commencing or after the completion of the proposed improvement. If it decides that the damages shall be assessed before commencing the improvement, the Director of Law shall then make a written application to the Court of Common Pleas, or a judge thereof in vacation, or to the probate court, for the summoning of a jury to determine such damages, and the judge shall direct that a jury be summoned as is provided for the appropriation of property and fix the time and place for inquiry into and assessment of such damages, which inquire and assessment shall be confined to such claims.

(Ord. 2002-6-45. Passed 6-12-02.)