(a) On the day named in the rule, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of a jury of view as provided in § 29-17-706 and give all persons interested equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge presiding shall make such order on the subject as shall secure a fair and impartial assessment, or may, in the judge’s discretion, order the issue tried in the first instance by a jury.
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(b) In any event, it shall be within the power of the court to hear such cause as speedily as may be consistent with justice and due process of law, and, if necessary, at the term at which it is filed, or the first term after filing.
