Much of the heat on the right is over what constitutes a taking at all. Eminent domain certainly refers to physical takings: you had some land and now you don’t. But arguably eminent domain should also come into play when the government dictates how you are allowed to use your property. These are called “regulatory takings,” and they happen when, say, the government declares your private property a national historical site and thus prevents you from demolishing it and building a CVS.
