I hate this decision as much as anyone else on this forum. However, there IS a way around this ruling - get state supreme courts to have a HIGHER standard for taking property via eminent domain power than the federal constitution.
Just because the federal constitution now is very permissive on eminent domain DOES NOT prevent states from having much higher and tougher eminent domain standards. Because most eminent domain takings are done via state eminent domain power, I expect a lot of states to either enact legislation reigning in localities or state supreme courts (mostly in red states) holding a high standard for takings in the future.
You are right in that this will not effect people in many states. But some states, with blighted cities, will not want to tie their own hands so tightly. With any luck, they will prevent local governments from doing so.
That may work.
However, it depends on how the federal courts will interpret the supremacy clause.
If the fed courts rule the fed standard overrules the state, that would end the state's higher standard.
LOL! Prepare to be disappointed. It's not in the interest of the states to have a higher standard for imminent domain. Government is in the business of increasing tax revenue. Taking private property from individuals to build walmarts or parking garages or whatever increases tax revenue.
I think you have too much faith in your elected officials.
Don't bet the ranch on it. Not that I'm saying this decision was right, but there are two sides to every coin. If a city has a major business developer coming in, say, Dow Chemical, and wanting to build a factory and and office building or whatnot in a certain area, but some of the property owners in the area get wind of the project and try to extract a ridiculous sum of money from Dow, how many cities or states are just going to sit by and watch Dow Chemical pull out of the deal just because five or six property owners are demanding $10 million dollars for their homes?
In situations like that, there are a lot of jobs at stake and a lot of money at stake for the city and the state. Like it or not, the city and the state have an interest in seeing that plant get built.
All I'm saying is that don't be so sure that states will step up to the plate with super narrow eminent domain laws. Why would it?