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(127th General Assembly)
(Amended Substitute Senate Joint Resolution Number 8)
Proposing to enact Section 19b of Article I of the
Constitution of the State of Ohio to affirm
certain property interests with respect to ground
water and other water on or flowing through a
property owner's land so as to maintain the
stability of Ohio's economy.
Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at the general election to
be held on November 4, 2008, a proposal to enact Section 19b of
Article I of the Constitution of the State of Ohio to read as
Section 19b. (A) The
protection of the rights of Ohio's
property owners, the protection of Ohio's natural resources, and
the maintenance of the stability of Ohio's economy require the
recognition and protection of property interests in ground water,
lakes, and watercourses.
(B) The preservation of private property
under divisions (C) and (D) of this section
inviolate, but subservient to the public welfare as
Section 19 of Article I of the Constitution.
(C) A property owner has a property interest in the
reasonable use of the ground water underlying the property owner's
(D) An owner of riparian land has a property interest in the
reasonable use of the water in a lake or watercourse located on or
flowing through the owner's riparian land.
(E) Ground water underlying privately owned land and
nonnavigable waters located on or flowing through privately owned
land shall not be held in trust by any governmental body. The
state, and a political subdivision to the extent authorized by
state law, may provide for the regulation of such waters. An
owner of land voluntarily may convey to a governmental
owner's property interest held in the ground water
the land or nonnavigable waters located on or flowing
(F) Nothing in this section affects the application of the
public trust doctrine as it applies to Lake Erie or the
waters of the state.
(G) Nothing in Section 1e of Article II, Section 36 of
Article II, Article VIII, Section 1 of Article X, Section 3 of
Article XVIII, or Section 7 of Article XVIII of the Constitution
shall impair or
the rights established in this section.
If adopted by a majority of the electors voting on this
proposal, the enactment shall take effect December 1, 2008.