In addition to the authority granted to the department by section 39-1324, the department shall have the power and authority to enter upon any property for the purpose of conducting location or design and preliminary engineering studies. Such entry shall not be considered as a legal trespass and damages shall not be recoverable upon that account alone. Any actual or demonstrable damages to the premises caused by such entry may be recovered by the property owner in the manner provided by section 39-1324.
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