The department shall have authority to enter upon private property adjacent to or in the vicinity of highways or bridges constructed or maintained in whole or in part by the Commonwealth, or any highway or bridge under the jurisdiction of the department, and change or protect existing stream channels, where it is deemed advisable, in order to protect improved highways or bridges, within the limits of any borough, incorporated town, or township, from damage due to erosion or high water. Any such change to an existing stream channel shall first be approved by the Department of Forests and Waters.

The secretary, when possible, shall enter into an agreement with the owner or owners of said property as to the amount of damages to be paid, which damages, if agreed upon, shall be paid by the department. In case no agreement satisfactory to the secretary and the owner or owners can be made, the secretary may proceed with the changing or protecting of any stream channel, and the owner or owners of the property damaged thereby or the secretary may present a petition to the court of quarter sessions for the appointment of viewers to ascertain and assess such damages. The determination of the amount of damages shall be in accordance with the provisions of Article III of this act,¹ and shall be payable from the Motor License Fund.