This is an archive of a past election.|
See http://www.smartvoter.org/oh/state/ for current information.
To protect private property rights & water
State of Ohio
Amendment - Majority Approval Required
Pass: 3,625,811 / 71.95% Yes votes ...... 1,413,639 / 28.05% No votes
Index of all Issues
|Information shown below: Summary | Yes/No Meaning | Arguments ||
To adopt Section 19b of Article I of the Constitution of the State of Ohio This proposed Amendment would:
1. Make explicit that a private property owner has a right to make reasonable use of the ground water that lies beneath the owner's land, although this right is subordinate to the public welfare.
2. Make explicit that a private property owner who owns land on the border of a lake or other watercourse has a right to make reasonable use of the water in such lake or watercourse located on or flowing through the owner's land, although this right is subordinate to the public welfare.
3. Not affect the public's use of Lake Erie and other navigable waters of the state.
4. Prevent the rights confirmed under this proposed amendment to the Ohio Constitution from being impaired or limited by the operation of other sections of the Ohio Constitution. If approved, this amendment shall take effect December 1, 2008.
Secretary of State
Google News Search
|Arguments For Issue 3||Arguments Against Issue 3|
|1. This amendment, if approved, is intended to reaffirm the rights and expectations of Ohio landowners to have reasonable use of the water on or under their properties.|
2. The proposed amendment does not establish absolute private ownership of water.
3. It reiterates the state's right to regulate water use and water quality.
|1. The amendment is unnecessary because current Ohio case law already recognizes property owners' interests in the reasonable use of surface and groundwater.|
2. The Ohio Constitution should be a body of fundamental principles, and should not be amended unless there is a compelling reason.
3. The amendment could cause unexpected consequences and unintentional changes in current law.