1. Upon the presentation of the petition, the court shall cause process to be issued against the defendant, and shall hear the case.
2. If it shall appear to the court that testimony is necessary for the proper disposition of the matter, the court may take evidence or appoint a master to take such evidence as it may direct and report the same to the court with the master’s findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
3. The court may dismiss the petition; or it may require the defendant to perform the work, operations or avoidances, and may provide that upon the failure of the defendant to initiate such performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the Commission may enter upon the lands involved and perform the work or operations or otherwise bring the condition of such lands into conformity with the requirements of the regulations and recover the costs and expenses thereof, with interest at the rate of 5 percent per annum, from the occupier of such lands.
[Part 11:212:1937; 1931 NCL § 6870.11] — (NRS A 1973, 759)
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