(a) The Arkansas State Highway and Transportation Department and its agents and employees may enter upon real property and make surveys, examinations, photographs, tests, and samplings, or engage in other activities for the purpose of appraising the property or determining whether it is suitable and within the power of the condemnor to take for public use, if the entry is:
(1) Preceded by reasonable efforts to notify the owner, and any other person known to be in actual physical occupancy of the property, of the time, purpose, and scope of the planned entry and activities;
(2) Undertaken during reasonable daylight hours;
(3) Accomplished peaceably and without inflicting substantial injury; and
(4) Not in violation of any other statute.
(b) The entry and activities authorized by this section do not constitute a trespass in the absence of unnecessary damage occurring in effecting the survey or examination.
Section: Previous 27-67-302 27-67-303 27-67-304 27-67-305 27-67-306 27-67-307 27-67-308 27-67-309 27-67-310 27-67-311 27-67-312 27-67-313 27-67-314 27-67-315 NextLast modified: November 15, 2016