Wouldn't the reverse finding in
Kelo have opened the door for people to sue the Federal government for years and years of public appropriation of private land that was turned over for public use?
For instance, this nation's railroads run through land taken via eminent domain and turned over to companies like Union Pacific. Allowing people to sue for that land back could cripple our shipping industry.
There would be chaos. I'm not confident that this is a liberal/conservative issue; I think the justices were concerned about the consequences of their rulings.