To: Dale Baker who wrote (25366 ) 7/28/2006 4:08:56 AM From: Dale Baker Respond to of 541777 WSJ Editorial The Kelo Revolt July 28, 2006; Page A14 The Supreme Court has written some despised rulings over the years, but last year's Kelo case is fast rising up the list of the worst. That 5-4 ruling gave local governments more or less unlimited authority to take private property, and the good news is that the political system is repudiating Kelo just about everywhere. The latest venue is Ohio, where the state Supreme Court ruled Wednesday that a Cincinnati suburb cannot use eminent domain to seize private property for a $125 million commercial re-development. The states are acting at the invitation of Justice John Paul Stevens who, in his majority opinion for Kelo, wrote, "Nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power." According to the Institute for Justice, which argued Kelo, most states are taking Justice Stevens up on his offer. Every state legislature in session has introduced legislation to reform eminent domain practices, and 18 states have passed laws protecting property rights, the Institute reports. The Oklahoma Supreme Court ruled in May against the use of eminent domain for private development. In her opinion for a unanimous court this week, Ohio Supreme Justice Maureen O'Connor wrote, "For the individual property owner, the appropriation is not simply the seizure of a house. It is the taking of a home -- the place where ancestors toiled, where families were raised, where memories were made." Wednesday's ruling means Carl and Joy Gamble and Joe Horney can stay in their homes, and Matthew and Sanae Ichikawa Burton won't have to move their business. Susette Kelo, the loser in last year's U.S. Supreme Court case, wasn't so lucky. But at least her pink cottage on the New London, Connecticut, waterfront won't be bulldozed. In an agreement reached last month with the city, her house will be relocated to make way for condos.