City of Long Beach v. Long Beach Water Co.

Judgment reversed on the law and the facts, and a new trial directed, with costs to abide the event. The Condemnation Law* requires that a petition for condemnation shall set forth that the petitioner or plaintiff “ has been unable to agree with the owner of the property for its purchase, and the reason of such inability.” The requirement is jurisdictional, and is an issue to be disposed of. Such an allegation in the petition is a condition precedent, and there can be no failure or inability to agree, within the meaning of the statute, unless some effort to agree has been made in good faith.…