(a) The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or examination it determines necessary or appropriate for the purposes of the development of a toll project.
(b) An entry under this section is not:
(1) a trespass; or
(2) an entry under a pending condemnation proceeding.
(c) The department shall make reimbursement for any actual damages to real property, water, or premises that result from an activity described by Subsection (a).