(a) If a landowner refuses to accept the damages awarded to the landowner by the board of viewers and approved by the county commissioners, county council, or Mayor and City Council of Baltimore City and refuses the necessary access to the landowner’s land, the board of directors may begin condemnation proceedings under Title 12 of the Real Property Article to acquire a right–of–way, easement, or other property right. (b) This title does not authorize the use of condemnation proceedings to acquire the right to use water separate and apart from the land to which the water is incident.
Maryland Legal Code