§ 32-15-06 — Entry for making surveys

1. a. In a case in which land is required for public use, the person or the person's
agents in charge of the use may survey and locate the land after providing the
owner on the tax list a written notice of intent to survey. The notice must contain
the name, proposed completion date, type, proposed route or location of the
project associated with the survey, nature of the work the person in charge of the
public use intends to complete, and the name, telephone number, physical
address, and mailing address of the person in charge of the public use.
b. The person in charge of the public use shall deliver the notice to the owner on the
tax list through certified mail. The person in charge of the public use may not
survey the land until thirty days after delivery of the notice, unless the owner
consents to an earlier survey date. If the person in charge of the public use fails
to survey the land within ninety days of delivery of the notice, the person shall
deliver a new notice of intent to survey through certified mail. A survey conducted
under a subsequently issued notice of intent to survey must be conducted in
accordance with the timeline established under this subdivision.
2. The survey and location of the condemner's project must be located in the manner
which will be compatible with the greatest public benefit and the least private injury
and subject to section 32-15-21.
3. The person in charge of the public use may enter upon the land and make
examinations, surveys, and maps of the land in accordance with subsection 1, and the
entry does not constitute a claim for relief in favor of the owner of the land except for
injuries resulting from negligence, wantonness, or malice.