(A) Should the above-mentioned ordinance provide for an improvement which requires the taking or damaging of private property for public use, the village shall file a petition in some court of record of the proper county, in the name of the village, praying that the just compensation to be made for the private property to be taken or damaged for the improvement or purpose specified in such ordinance shall be ascertained by a jury according to law.
(B) Such petition shall contain a copy of said ordinance, certified to by the Village Clerk, under the corporate seal, a reasonably accurate description of the lots, parcels of land, and property which will be taken or damaged and the names of the owners and occupants thereof, so far as known to the President and Board of Trustees or officers filing the petition; and where any known owners or nonresidents of the state, stating the facts of nonresidence. In case any of the owners are unknown or reside out of this state, an affidavit shall be filed with the petition showing such fact.
(C) After the damages have been ascertained and paid or deposited, and an order entered by the court as prescribed by law, the village shall have the right at any time thereafter to take possession of or damage the property, in respect to which such compensation shall have been paid or deposited.
(1977 Code, § 8-1-2) (Ord. 11, passed - -)