§ 27-502

(a) The board of drainage commissioners has the power of eminent domain and may begin condemnation proceedings under Title 12 of the Real Property Article if:

(1) it is necessary to acquire a right–of–way through land not affected by the drainage; and

(2) the land cannot be acquired by purchase.

(b) The board of drainage commissioners shall award damages out of the first funds available from bond proceeds or otherwise.