7-705. Survey and location of land. In all cases where land is required for public use the state or its agents in charge of such use may survey and locate the same, but it must be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject to the provisions of this chapter. The state or its agents in charge of such public use, may enter upon the land and make examinations, surveys and maps thereof, and such entry shall constitute no cause for action in favor of the owners of the land, except for injuries resulting from negligence, wantonness or malice.
[(7-705) C.C.P. 1881, sec. 855; R.S., R.C., & C.L., sec. 5214; C.S., sec. 7408; I.C.A., sec. 13-705.]