15-2309 – Entry Upon Lands, Structures and Waters; Acquisition of Property.

§ 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.