Section 13 Good-Faith Negotiations

• Library: Condemnation Practice 2009

The inability of the condemnor and the owner to “agree upon the proper compensation to be paid” is a jurisdictional prerequisite to the exercise of the power of eminent domain. Section 523.010.1, RSMo 2000; City of Columbia v. Baurichter, 713 S.W.2d 263 (Mo. banc 1986); State ex rel. White v. Eiffert, 774 S.W.2d 152 (Mo. App. S.D. 1989). Courts have construed this provision as requiring condemnors to enter into “good faith” negotiations to purchase the property. State ex rel. State Highway Comm’n v. Pinkley, 474 S.W.2d 46 (Mo. App. E.D. 1971); City of Cape Girardeau v. Robertson, 615 S.W.2d 526 (Mo. App. E.D. 1981).

Unless good-faith negotiations have been pleaded and proved, a court has no power to entertain a condemnation action. Bueche v. Kansas City, 492 S.W.2d 835 (Mo. banc 1973); Sch. Dist. of Clayton v. Kelsey, 196 S.W.2d 860 (Mo. 1946). The only exceptions to this rule are when the parties who might claim an interest in the property are unknown to the condemnor, are incapable of contracting, or are not residents of the state. Section...