1. The defendants to the petition may appear and show cause against the petition, on or before the time for the hearing thereof, or at such other time to which the hearing may be continued.
2. Upon satisfactory proof being made that the defendants have been duly notified of the pendency of the petition, as prescribed in NRS 495.120, and upon the hearing of the allegations and proofs of the parties, if the court shall be satisfied that the lands, or any part thereof, are necessary or proper for any of the purposes mentioned in the petition, the court shall appoint three competent and disinterested persons as commissioners.
3. One of the commissioners shall be selected from among the persons, if any, named for that purpose by the corporation, and one shall be selected from among the persons, if any, named on the part of any of the defendants, to ascertain and assess the compensation to be paid to any person or persons having or holding any right, title or interest in or to each of the tracts of land, for and in consideration of the appropriation of such land to the use of the corporation.
4. If any vacancy occurs among the commissioners, by reason of any one or more of them refusing or neglecting to act, or by any other means, one or more commissioners may be appointed by the court to fill the vacancy, upon notice being given of the vacancy, as the court may direct.
[28:146:1865; B § 3453; BH § 862; C § 999; RL § 3539; NCL § 6263]
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