45 - Entry upon adjacent lands and streams.

§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state  highway  or adjoining or in the bed or beds of any streams or creeks may  be entered upon and occupied by the commissioner of transportation,  his  representatives  and  employees, or by a contractor or any of his agents  or employees when directed by the commissioner of transportation or  his  representative:    1.  to  open,  maintain or construct an existing ditch or drain or for  making surveys and for digging a  new  ditch  or  drain,  or  a  section  thereof,  for  the  free  passage  of  water  for  the  drainage of such  highways.    2. to perform such work of construction,  reconstruction,  improvement  or  maintenance  in  order  to keep the waters of such streams or creeks  within their proper channels and  to  prevent  their  encroachment  upon  state highways or bridges thereon.    3.  to  remove  or change the position of a fence or other obstruction  which, in the judgment of the commissioner of  transportation,  prevents  the  free  flow  of  water  under  or through a state highway, bridge or  culvert.    4. to remove any fence or other obstruction which, in the judgment  of  the  commissioner  of transportation, causes snow to drift in and upon a  state highway, and to erect snow fences or other devices upon such lands  to prevent the drifting of snow in or upon any such highway.    5. to inspect trees for the purpose of determining whether any are  in  such  a  condition  as  to  constitute a danger to users of the adjacent  highway and to remove or prune those trees or parts thereof which in the  judgment of the commissioner constitute such a danger.    Notwithstanding the provisions of any general, special or local law or  of any inconsistent provision of this chapter,  claims  for  any  damage  caused  by such entry and work and not exceeding three hundred and fifty  dollars  may  be  adjusted  by  agreement   by   the   commissioner   of  transportation  without appropriating any property. Upon making any such  agreement  and  adjustment,  and  upon  the  approval  thereof  by   the  department  of  audit  and  control,  the commissioner of transportation  shall deliver to  the  comptroller  such  agreement  and  a  certificate  stating  the  amount  due such owner for damage caused by such entry and  work and the amount so fixed shall be paid out  of  the  state  treasury  from  moneys  appropriated  for  the  maintenance  and  repair  of state  highways.