39-1338. State highways; drainage; construct, maintain, improve facilities; damages.
The department shall have the authority to construct, maintain, and improve drainage facilities on the state highway system. The department also shall have the authority to make channel changes, control erosion, and provide stream protection or any other control measures beyond the highway right-of-way limits wherever it is deemed necessary in order to protect the highways and drainage facilities from damage. The department shall have the authority to enter upon private or public property for the above purposes. In case of any damage to the premises, the department shall pay the owner of the premises the amount of the damages. Upon the failure of the landowner and the department to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705.
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