§ 40A-11. Right of entry prior to condemnation.
§40A‑11. Right of entry prior to condemnation.
Any condemnor without havingfiled a petition or complaint, depositing any sum or taking any other actionprovided for in this Chapter, is authorized to enter upon any lands, but notstructures, to make surveys, borings, examinations, and appraisals as may benecessary or expedient in carrying out and performing its rights or dutiesunder this Chapter. The condemnor shall give 30 days' notice in writing to theowner at his last known address and the party in possession of the land of theintended entry authorized by this section.
Entry under this section shallnot be deemed a trespass or taking within the meaning of this Chapter, however,the condemnor shall make reimbursement for any damage resulting from suchactivities, and the owner is entitled to bring an action to recover for thedamage. If the owner recovers damages of twenty‑five percent (25%) overthe amount offered by the condemnor for reimbursement for its activities thecourt, in its discretion, may award reasonable attorney fees to the owner. (1981,c. 919, s. 1.)