314.9 - ENTERING PRIVATE PROPERTY.
314.9 ENTERING PRIVATE PROPERTY. The agency in control of a highway may after thirty days' written notice by restricted certified mail addressed to the owner and also to the occupant, enter upon private property for the purpose of making surveys, soundings, drillings, appraisals, and examinations as the agency deems appropriate or necessary to determine the advisability or practicability of locating and constructing a highway on the property or for the purpose of determining whether gravel or other material exists on the property of suitable quality and in sufficient quantity to warrant the purchase or condemnation of the property. The entry shall not be deemed a trespass, and the agency may be aided by injunction to insure peaceful entry. The agency shall pay actual damages caused by the entry, surveys, soundings, drillings, appraisals, or examinations. Any damage caused by the entry, surveys, soundings, drillings, appraisals, or examinations shall be determined by agreement or in the manner provided for the award of damages in condemnation of the property for highway purposes. Soundings or drillings shall not be done within one hundred fifty feet of the dwelling house or within fifty feet of other buildings without written consent of the owner.
Section History: Early Form [C27, 31, 35, § 4658-a1; C39, § 4658.1; C46, § 309.65; C50, § 308A.18; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 314.9]
Section History: Recent Form 96 Acts, ch 1126, §3