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This entry was published on 2014-09-22
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Right of entry prior to acquisition
Eminent Domain Procedure (EDP) CHAPTER 73, ARTICLE 4
§ 404. Right of entry prior to acquisition. The condemnor, its
officers, agents or contractors when acquiring real property in
accordance with this law, or when engaged in work connected with a
proposed public project, as described in this law, shall have the right
to enter upon any real property for the purpose of making surveys, test
pits and borings, or other investigations, and also for temporary
occupancy during construction. At a reasonable time prior to such entry,
the condemnor shall deliver notice personally or by first class mail, to
the property owner stating the necessity for the entry. The condemnor
shall be liable to the owner for any damages caused by the condemnor as
a result of the entry; but such damages shall not entail duplicate
payment of damages to be compensated for by the condemnor pursuant to
article three of this law. Entry damages, if any, shall not be deemed
an acquisition.