§ 86.08 Clerk to Give Notice of Filing Report--Exceptions to Report, When Filed, Effect
86.08. Clerk to Give Notice of Filing Report--Exceptions to Report, When Filed, Effect
Immediately after the filing of the report of the commissioners, the clerk of the court wherein it is filed shall notify the parties of such filing. The notice shall be given, if possible, in the manner provided by Rule 43.01, or, if this is not possible, by posting the notice in the office of the clerk of the court. The clerk shall file in the cause a certificate and any other lawful evidence necessary to prove the time and manner of serving all such notices. Any party may file written exceptions to the report of the commissioners within thirty days after the service or posting of the notice. Upon the filing of the exceptions, the issue of the amount of damages sustained by, and benefits accruing to, the defendant's property, if any, as a result of the appropriation shall be submitted to a jury or, if a jury be waived, to the court, to be tried as in ordinary cases of inquiry of damages. On such trial, the court or jury, within the direction of the court, may view the property involved. Notwithstanding the exceptions, the condemner may, after paying the amount of the commissioners' award to the clerk of the court for the owner or owners of any property involved, take possession of the property or subject it to the public use set out in the condemnation petition, and any subsequent proceedings shall only affect the amount or division of the compensation allowed.