


    § 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.

Last modified: August 24, 2006