65-1-335 - Authority of department to enter land to make surveys or other examinations.
§ 65-1-335. Authority of department to enter land to make surveys or other examinations.
The Transportation Department, without having filed a complaint and a declaration as provided in this article, may enter upon any lands and structures to make surveys, borings, soundings, environmental assessments or examinations as may be necessary in carrying out and performing its duties and responsibilities. Any such entry shall not be deemed a trespass or taking within the meaning of this article; however, the department shall make reimbursement for any damage resulting to such land from such activities, and the owner, if necessary, shall be entitled to proceed under the provisions of Section 65-1-317 to recover for such damages.
Sources: Laws, 1997, ch. 439, § 18, eff from and after July 1, 1997.