Sec. 41. Taking or damaging private property.
The city shall not take or damage any private property for
streets, or other public purposes, without making to the
owner, or owners, thereof just compensation for the same.
But in all cases where the city council cannot by agreement
obtain title to the ground necessary for such purposes, it shall
be lawful for it to apply to the circuit court of the county in
which the land shall be situated, or to the proper court of the
city having jurisdiction of such matters, if the subject lie
within the city, to condemn the same.
