I dont think this Eminent Domain issue needs to go back to any court.
If property owners just started following Article 1 Section 10 of the U.S. Constitution this whole issue will be nipped in the bud and never come up again.
Article 1 - The Legislative Branch
Section 10 - Powers Prohibited of States
No State shall...make any Thing but gold and silver Coin a Tender in Payment of Debts
If a homeowners property is valued at $300,000 by a State wishing to declare Eminent Domain on said property, then the owner just demands compensation in Legal Tender of Gold or Silver since it now has become a State issue of payment of a debt instead of a Federal Government declaration of Eminent Domain.
At present a (1 ozt.) U.S. Silver Eagles have a LEGAL TENDER VALUE of $1 and a (1 ozt.) U.S. Gold Eagles has a LEGAL TENDER VALUE of $50.
If the owner demanded payment in Legal Tender Silver the State would, under the U.S. Constitution, have to fork over 300,000 silver eagles which have a Federal Reserve Note (FRN) value after todays market close of 11.23FRN/ozt., or a melt value of 3,369,000 FRN.
If the owner demanded payment in Legal Tender Gold the State would have to fork over 6,000 gold eagels which have a FRN value after todays market close of 592FRN/ozt., or a melt value of 3,552,000 FRN.
That is just compensation. One commodity, gold or silver, for another PROPERTY.
If the Federal Government declares Eminent Domain on a property then it is another issue since Federal Reserve Notes were made legal tender for Federal Government Debt by the U.S. Congress. As far as I know Article 1 Section 10 has not been repealed from the U.S. Constitution and still remains law for all debt payments by States.
That's a pretty inane argument to make, one you wouldn't have the balls to make in fron tof the sullened faces of the owners of the properties in question, because you'd sound like a kook.