Sec. 39. 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.
