If there are no buildings located wholly or partially upon the property described in the petition, the department is entitled to enter upon and take possession of the property upon the deposit of the estimated compensation.

If any building is located wholly or partially upon the property described in the petition, the court may postpone the right of entry for any period not to exceed thirty days from the date on which the last of any parties defendant was served with the notice.  However, the department in its discretion, may request the court to order possession surrendered after a longer delay.  The court may fix a reasonable rental to be paid to the department by a defendant in possession of the property for each day he remains in possession after the withdrawal of any part of the amount deposited.  

Added by Acts 1954, No. 107, §1, eff. June 24, 1954.  Amended by Acts 1974, Ex.Sess., No. 30, §1, eff. Jan. 1, 1975.