On the day the citation is returnable the case shall have precedence of all matters except injunctions, older matters over the same character, and matters otherwise given precedence by law. The court shall decide whether or not the neglected or abandoned orchard trees must be destroyed or removed. If the court finds that the removal or destruction of the neglected or abandoned orchard trees is necessary for the welfare of the fruitgrowing industry of the State, it shall order the removal or destruction of the neglected or abandoned orchard trees within thirty days. The order must be served by the Commission, or by any person deputized by it, upon the owner, if he can be found or upon the person in charge or possession of the property. If the owner or person in charge or possession of the property cannot be found the order must be served by posting it in a conspicuous place upon the property. Upon petition by the owner and a showing that the owner has commenced the removal or destruction process and is proceeding in good faith, the circuit judge may allow a reasonable extension of time for the owner to complete the removal or destruction process.
HISTORY: 1962 Code Section 3-145; 1952 Code Section 3-145; 1947 (45) 246; 1985 Act No. 48 Section 3.