6 Nichols on Eminent Domain § 24.13
Summary
- [1] State Rules
- [a] Public Policy Basis of Duty to Negotiate
To serve the public policy goal of reducing the cost of eminent domain actions by reducing associated litigation expenses, most states require that, before initiating formal condemnation proceedings, the condemnor must undertake good faith efforts to negotiate a purchase price with the owner of the land sought to be condemned. This policy goal is embodied in the statutes of almost every state in the country.1