§ 27-7-41

27:7-41. Entry upon land to protect highway from damage by water When the commissioner shall determine that it is necessary, for the preservation of a part of the state highway system, to prevent water from coming in contact with and damaging a state highway, he may enter upon any lands adjacent to the highway and reconstruct, by contract or by his own forces, such banks or other structures and construct such drain or drains as may be necessary to accomplish the preservation of the highway. Such entry shall not be a trespass and the work above mentioned shall not be considered a taking for public use.