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At any time after the report and assessment of damages of the commissioners has been made and filed in the court, and either before or after the hearing of objections to or appeal from the assessment or from any other order or judgment in the proceedings, the court at chambers, upon application of the plaintiff, may make an order that upon payment into court for the defendant entitled thereto of the amount of damages assessed, either by the commissioners or by the court as the case may be, the plaintiff be authorized, if already in possession of the property of such defendant sought to be appropriated, to continue in such possession; or, if not in possession, that the plaintiff be authorized to take possession, of such property and use and possess the same during the pendency and until the final conclusion of the proceedings and litigation; and that all actions and proceedings against the plaintiff on account thereof be stayed until such time. Where objections are filed or an appeal is taken by the defendant, the court may, in its discretion, require the plaintiff, before continuing or taking such possession, in addition to paying into court the amount of damages assessed, to give a bond or undertaking, with sufficient sureties, to be approved by the court, and to be in such sum as the court may direct, conditioned to pay the defendant any additional damages and costs over and above the amount assessed, which it may finally be determined that defendant is entitled to for the appropriation of the property, and all damages which defendant may sustain if for any cause such property is not finally taken for public use.
The amount assessed as damages by the commissioners or by the court, as the case may be, shall be taken and considered, for the purposes of this section, until reassessed or changed in the further proceedings, as just compensation for the property appropriated.
The plaintiff, by payment into court of the amount assessed or by giving security, shall not be thereby prevented or precluded from objecting to or appealing from such assessment, but may file objections or appeal in the same manner and with the same effect as if no money had been deposited or security given.
Subdivision (j) of Rule 71A of the Federal Rules of Civil Procedure shall apply to a deposit under this section. A defendant who receives payments from the deposit under such Rule is not thereby precluded from filing objections to or appealing from the assessment.