The government has the power to take property in certain situations as long as certain requirements are

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Question:

The government has the power to take property in certain situations as long as certain requirements are met - commonly referred to as eminent domain.

(1) Please give an overview and briefly explain how a federal/state/local government is legally in the United States and what the requirements are in order to properly use to this power; and

(2) Discuss your thoughts on whether the following two scenarios should be considered: (1) a taking; (2) for proper "public use" or "public purpose" and thus a lawful application of the government's eminent domain power for these two requirements. [Be sure to explain where you do/do not see distinctions from the examples found in the course materials]:

Hypothetical Scenario One: The governmental transfer of ownership of private property, by a city - after paying just compensation and allowing for due process objections, directly to a private company for the development of an e-sports stadium with no further governmental involvement in the project. However, there is an understanding that the project will result in increased economic development in the immediate area around the new stadium that will benefit the economic base of the city.

Hypothetical Scenario Two: A local city government changed the zoning regulations for land near a river that flows through the city. Previously, the land was zoned for residential and commercial use, but the city government decided to prohibit:

(1) the construction of any new structure; or

(2) the modification of or repair to, any structures in any area adjacent to the river.

However, the new regulation states that if the property owner conveys an public easement to the city for all of the river-front part of their property, then all construction, repairs and/or modifications will be then permitted and allowed.

The city plans to use to these easements to create a public park with that includes extensive trails and river access for swimming. The city's ordinance specifically states that the ownership of the land is unchanged by the new regulation and makes no provision for the city to compensate the property owners who grant the easement.