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S. J. R. No. 8 As Introduced
As Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Harris, Wagoner, Niehaus, Spada, Jacobson, Seitz, Faber, Mumper, Padgett, Schuler, Cates, Carey, Schaffer, Amstutz, Austria, Cafaro
A JOINT RESOLUTION
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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.
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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
follows: |
19b. (A) The stability of Ohio's economy and the
protection of the rights of Ohio's property owners require the
recognition and protection of property interests in ground water,
lakes, and watercourses. |
(B) The preservation of private property
interests
recognized
under divisions (C) and (D) of this section
shall be
held
inviolate, but subservient to the public welfare as
provided in
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
land. When that property interest is taken for public use, the
taking and
compensation shall be made in accordance with Section
19 of
Article I of the Constitution. |
(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. When that property
interest is taken for public use, the taking and compensation
shall be made in
accordance with Section 19 of Article I of the
Constitution. |
(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. However,
the owner of such land voluntarily may convey to a governmental
body the owner's property interest held in the ground water
underlying the land or nonnavigable waters located on or flowing
through the land. |
(F) Nothing in this section affects the application of the
public trust doctrine to the waters of Lake Erie and the other
navigable waters of the state. |
(G) No other provision of the Constitution shall impair or
limit
the rights established in this section. |
If adopted by a majority of the electors voting on this
proposal, the enactment shall take effect January 1, 2009. |
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