Acquisition of property: Survey and location of right-of-way; judicial order permitting entry for examination and appraisal

1. Whenever land is required for highway purposes, the Department shall survey and locate the right-of-way in a manner most compatible with the greatest public good and the least private injury. The Department’s employees, agents or representatives may, with the consent of the owner, enter upon the land and make examinations, surveys and maps thereof, including soil investigation and test borings and appraisal and valuation of the land and improvements thereon. 2. Whenever the owner or occupant of such land refuses or fails to permit entry thereon for such examination, survey, investigation or appraisal, the Department may petition the district court of the county in which such land is situated for an order permitting the Department to enter and undertake such examination, survey, investigation or appraisal, and the court, if it ascertains, by affidavit or otherwise, that the Department in good faith desires to enter the land for such purpose shall grant its order permitting such entry, conditioned upon the examination being made at reasonable times and in such manner as to cause the least inconvenience to the owner or occupant, and such entry shall not constitute any cause of action in favor of the owner or occupant of the land, except for actual damages sustained to such land or improvements thereon.