Doesn't matter that it goes through the court, a 5th Amendment Constitutional taking can only be done by a government actor. The party filing an action for eminent domain is always some sort of governmental entity or acting under the color of government authority. Anything else is a different animal and not a 5th Amendment "taking."Just because they go through the court, doesn't mean it's a government actor. It's still the same process used by the government, the government can't just show up and take your stuff either.Negative, there's still a government actor involved. A private entity can't just show up and take your stuff. They can get the government to do it on their behalf and transfer it to them.