Hearing of objections to and action on report by court; appointment of another special master if report is rejected; final judgment; vesting of title; possession.

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1. If no objections are filed to the special master’s report, the court (but only on motion of the petitioner unless title to the property has vested in the petitioner) shall enter a final judgment fixing the compensation to be paid for the property and the persons entitled to such compensation.

2. If any objections are filed to the special master’s report, the court on the date specified in the order shall hear and determine such questions of law and fact as are raised by such exceptions and may approve, disapprove or modify the special master’s findings or may reject the special master’s report in toto.

3. If the special master’s report is rejected in toto, the court shall at once appoint another special master in the same manner that the first special master was appointed, and such special master shall have the same powers and duties as the special master first appointed, except that notice of the time for filing claims and of the hearing of the special master may be given by registered or certified mail to all persons who have appeared in the proceedings or their attorneys of record at their last known addresses, and no other notice shall be necessary.

4. If the court shall approve the special master’s report, with or without modifications, the court (but only on motion of the petitioner unless title to the property has previously vested in the petitioner) shall enter a final judgment, fixing the compensation to be paid for such property and the persons entitled to such compensation.

5. If title to the property has not previously been vested in the petitioner, the title and right to possession of the property shall vest in the petitioner immediately upon the entry of such final judgment and upon the deposit in court by the petitioner of the amount of the judgment fixed by the court as the compensation for such property. Upon the entry of such judgment and the vesting of title aforesaid, the court shall designate the day (not exceeding 30 days thereafter, except upon good cause shown) on which the parties in possession of the property shall be required to surrender possession to the petitioner.

[14:135:1935; 1931 NCL § 6179.34] — (NRS A 1969, 95)


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