§ 15-2309. Entry upon lands, structures and waters; acquisition of

property.

The department, its members, officers, employees and agents may enter
upon any land, structures and waters necessary for the purposes of title
23 of this article and may determine what rights in and to such property
are to be acquired therein. If the owner of any property to be taken, or
on or over which an easement is to be taken, for such improvement shall
agree with the department upon the sum to be paid therefor, or for the
right to use and occupy the same, or for any damages sustained, such sum
shall be paid as hereinafter provided as part of the necessary expense
incurred for the purpose of such improvement. If the department cannot
agree with the owners upon the compensation and damages to be paid for
the property or easement to be so taken the department shall proceed to
acquire title thereto under the provisions of the eminent domain
procedure law. All real property acquired by a river improvement
district shall be exempt from taxation.