State ex rel. Accordingly, our appellate courts have long and uniformly held that the inability of the condemnor to reach an agreement with the owner on the price to be paid for the land is a jurisdictional fact which must be both pleaded in the condemnor's petition, and proven. State ex rel. Caruthersville School Dist. State Highway Commission v. Cady, Mo.
Necessity is the underlying basis for the sovereign's exercise of the power of eminent domain.
No such necessity can exist until it be shown that the parties cannot agree in private negotiation. Our landowners should not be haled into court, nor should dockets be burdened with such litigation until it is made to appear affirmatively that negotiations have been attempted and have failed. MHTC contends it was not required to negotiate with owners of leasehold interests since it had not been able to negotiate agreements with the respective owners of fee interests in the various tracts involved in the condemnation. An offer was made to the husband that was rejected. No offer was made to the wife.