In Blue Springs' situation it was clear that the fee owner, CDA, could not agree on the price to be paid for the six tracts of land. It was unnecessary for Blue Springs to decide how much should be offered for each subsidiary interest. Therefore, Blue Springs did not show a lack of good faith for failing to negotiate with anyone but the fee owner. The rationale of City of Blue Springs and one of the cases it discussed and relied on, Western Robidoux, was based, in large part, on the statutory procedure for allocating sums awarded in condemnation actions among fee holders and owners of lesser interests. Section 523.040 sets forth the duties of commissioners appointed to assess damages property owners may sustain as a result of the taking of their land by condemnation.
Commissioners assess damages to particular tracts of land.
Property owners or the condemning authority may file exceptions to the award. If exceptions are filed, damages may be assessed by means of jury trial. Section 523.053 provides the means for distributing condemnation awards among multiple people who have interests in the tract of land condemned. After damages to a particular tract are assessed, defendants in the condemnation action who claim a determinable interest in the proceeds may seek determination of the percentage of the total award that each party having an interest in the property shall receive. If a tract being condemned is subject to a leasehold interest, a single award of damages is made without regard to a lessee's claim.