34A-16-48. Entrance upon public and private lands to determine suitability of potential landfill site.
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/sd/title-34/chapter-34-16/34a-16-48A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A district, in the course of investigating and analyzing the suitability of land sought to be acquired for district landfill purposes, may, after reasonable notice and during normal business hours, enter upon any public or private land for the purpose of obtaining information essential to the investigation and analysis, including conducting soil and subsurface geological sampling and survey. This section may not be construed to permit entry into any enclosed structure. The district shall compensate the owner, or any person entitled to compensation, for any damage to the property caused by the entrance and investigation activity.
No entry upon private property may be made pursuant to this section against the expressed refusal of consent by the owner or person in rightful possession of the property without the aid of an order of the circuit court authorizing such entry. Upon application by the district, the circuit court may enter its order authorizing entry upon the private property, if such order is entered after notice of hearing on the application is provided to the property owner or person in rightful possession as may be required by the court, and if upon such hearing the circuit court finds that reasonable and justifiable cause exists for the entry upon the private property for the investigative purposes authorized by this section.