At the time of the passage of the ordinance determining to proceed with the improvements as herein before provided, the commission 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 the commission 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 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 inquiry and assessment shall be confined to such claims.
(Adopted by electorate, November 7, 1978 – Amending Ordinance No. 45-78)