My employer (a gov't agency) will sometimes file for eminent domain even if they expect negotiations to be sucessful. If negotiations break down for some reason, the time line for eminent domain is pretty long if you want to keep a project on track. We notify the owner we are filing and the reason for the filing. If they contest the "necsssity of the taking", that would enter another twist into the proceedings. Most of the time the owner doesn't contest the necessity of the project, just the compesation offered. All the court decides then is the "just compensation". In my 38 years with my employer, I can only rememeber 2 cases where the owner contested necessity, all the rest of the times, it was all about the money