440.09 CONDEMNATION PROCEEDINGS.
Proceedings in eminent domain under sections
440.08 and
440.09 shall be in pursuance of
chapter 117. The city, upon giving the notice required by section
117.042, or upon the filing of the
report of the commissioners as provided in section
117.115 may enter upon and appropriate the
lands so condemned or any distinct parcel thereof, without the giving of any bonds, but in case
of such entry and appropriation the city shall be bound absolutely to pay all damages awarded,
whether by commissioners acting under chapter 117, or by the court upon appeal from their
award, together with all costs and expenses adjudged against it in the proceedings, and the court
shall issue a writ to the sheriff of the county to put the city in possession. In case the city shall
take appeal in any such proceedings it shall not be required to give or file any appeal bond.
History: (1538-2) 1927 c 114 s 2; 1973 c 35 s 71