38d

Where it becomes necessary to enter a private property in order to enforce any of the provisions of §§ 38a—38e of this title, the Secretary of Transportation and Public Works, or any official or employee whom he may delegate, is hereby authorized to do so, subject to the following procedure:(a) The Secretary of Transportation and Public Works, or the official or employee whom he may delegate, shall appear before a magistrate, stating in writing and under oath the facts which justify the necessity of entering said private property, which property must be described with reasonable details so that it may be identified.(b) If in his judgment the petition is in accordance with the terms of §§ 38a—38e of this title, said magistrate shall issue an order authorizing the official or employee concerned to enter the private property described in the petition.Said order shall briefly set forth the facts adduced under oath in justification of the petition and shall contain a description of the property to be entered, in accordance with the provisions of the preceding subsection.(c) Once the said order is issued, as above described, then the private property may be entered for the purpose

e property to be entered, in accordance with the provisions of the preceding subsection.(c) Once the said order is issued, as above described, then the private property may be entered for the purpose authorized. History —Sept. 28, 1961, No. 5, p. 395, § 4; June 24, 1975, No. 80, p. 259, § 6, eff. July 1, 1975.