1.
Whenever the County Board has authorized such acquisition and has made an appropriation
therefor, the Board of Acquisition and Contract may acquire the property by purchase,
condemnation or otherwise, and if the property is to be acquired by condemnation,
the compensation to be made to the owner or owners thereof shall be ascertained pursuant
to the provisions of this title. Before a proceeding is commenced, the Board of Acquisition
and Contract shall cause a map of the real property to be acquired thereby to be prepared
and filed in the office of the County Clerk. Such map shall be referred to condemnation
proceeding, and a copy thereof shall be attached to the petition. The Board of Acquisition
and Contract shall immediately after the filing of said map authorize the County Attorney
to institute a proceeding by a petition in the name of the county to the Supreme Court
to acquire such interest as said board deems necessary in or to such real property.
Notice of the presentation of such petition to said court shall be given by the petitioner
by publishing such notice in two newspapers published in the county once in each week
for two weeks successfully preceding the day of such presentation and by posting a
copy of said notice in not less than two public places in each town or village or
city in which such real property to be acquired may be located, not less than 14 days
prior to the day of such presentation, and by serving a copy of such notice and petition
by mail at least 14 days preceding the day of such presentation upon each owner of
the real property to be acquired; or, in lieu of such publication, posting and mailing,
notice of the presentation of such petition may be given by service of a copy of the
notice and petition personally upon each such owner at least ten days preceding the
day of such presentation. Service by mail under this title shall be made by depositing
the paper to be served properly inclosed in a sealed post-paid wrapper in a post office
or in any post office box regularly maintained by the government of the United States
anywhere within the county, directed to the person to be served at his place of residence
or place of business, according to the best information which can conveniently be
obtained. Proof of due and timely notice of the presentation of the petition shall
be presented to the court before any proceedings upon the petition shall be had.
2.
If the property or any interest therein to be acquired hereunder is owned or held
and used for a public utility purpose by a public or private corporation, the county,
at its own option, may (a) allow such corporation, in lieu of any and all damages,
without expense, loss or damage, directly or indirectly to it, to continue the use
of the same for such purpose, with, however, no rights in excess of those existing
previous to such acquisition or inconsistent with the use for which the property or
interest therein is being acquired, or (b) may allow such corporation, in lieu of
any and all damages, the use of such other real estate owned by the county or to be
acquired for the purposes of this title as will afford a practical route, location
or use for such public utility purpose and is commensurate with and adapted to its
needs, provided also that such corporation shall not directly or indirectly be subject
to any expense, loss or damage by reason of such change in route or location, but
such expense, loss or damage shall be borne in like manner as the expenses incurred
for carrying out the provisions of this title, or (c) may direct that compensation
or damages be ascertained and awarded to such corporation, in which case such corporation
shall be governed by the provisions of section 233.81 of this article. The petition shall set forth, at the option of the county, the fact
that the corporation may continue the use for its corporate purposes as aforesaid,
or shall define the proposed new route or location which the corporation shall be
entitled to use for such purpose, or that compensation shall be made to such corporation
for the property or interest so taken.
