12-1115. Right of state to enter and survey
property for public use
A. Where land is required for public use, the state, or its agents in charge of
such use, may survey and locate the land, but it shall be located in the manner which
will be most compatible with the greatest public good and the least private injury.
B. The land may be entered upon to make examinations, surveys and maps thereof, and
the entry constitutes no cause of action in favor of the owners of the land, except for
injuries resulting from negligence, wantonness or malice.
C. A person seeking to acquire property for any of the public uses authorized by
this title is an agent of the state.
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