Sec. 2-246. Property taken for construction of public streets; procedures

Upon the adoption by the legal and qualified voters of this State of the amendment to Article III of the Constitution of this State relating to eminent domain, in addition to powers and authority heretofore granted, the Council shall enter upon and take possession of such property and rights of way, to include lands improved by an occupied dwelling but not the occupied dwelling building nor an area under and about the building demarcated by a line circumscribed at a distance from the improvement itself equal to the front set back line for the extant zoning classification as the Council may deem necessary, and proceed with road construction. The Council shall first pay to the owner or into court to the use of the person entitled thereto, such sums as the Council estimates to be the fair value of the land and improvements taken and damage done, if any.

The Council's estimate of fair value shall not be less than the appraised value of the property being taken as evaluated by at least one (1) qualified appraiser whose qualifications have been accepted by the Circuit Court of the County. If the sum is paid into Court the property owner upon written request to the Clerk of the Court, shall be entitled to receive the sum without prejudice to any rights if the property owner agrees to pay back to the Council the difference between the sum and the final award, if the final award is less than the sum paid into Court. The payment, however, shall in no way limit the amount to be allowed under subsequent condemnation proceedings. The Council shall pay to the owner of such property and rights of way any further sum that may subsequently be finally awarded in a subsequent condemnation proceeding.

Within sixty (60) days after the completion of the construction of such road, if the Council and the owner of such land are unable to agree as to compensation and damages, if any, caused thereby, the Council shall institute condemnation proceedings in the manner prescribed by law. The owner at any time subsequent to the payment of such sum into Court may request in writing to the Council that such condemnation proceedings be instituted. In such case it shall be the duty of the Council within thirty (30) days after receipt of such notice to institute such proceedings and the duty of the Court to hear and determine such proceedings as soon thereafter as practicable.