Article 26
Nuclear Detonations
Section 1. Nuclear detonations prohibited exceptions. No nuclear
explosive device may be detonated or placed in the ground for the purpose of detonation in
this state except in accordance with this article.
Adopted by the People, November 5, 1974 Effective
upon proclamation of the Governor, December 20, 1974.
Section 2. Election required. Before
the emplacement of any nuclear explosive device in the ground in this state, the
detonation of that device shall first have been approved by the voters through enactment
of an initiated or referred measure authorizing that detonation, such measure having been
ordered, proposed, submitted to the voters, and approved as provided in section 1 of
article V of this constitution.
Adopted by the People, November 5, 1974 Effective
upon proclamation of the Governor, December 20, 1974.
Section 3. Certification of
indemnification required. Before the detonation or emplacement for the purpose of
detonation of any nuclear explosive device, a competent state official or agency
designated by the governor shall first have certified that sufficient and secure financial
resources exist in the form of applicable insurance, selfinsurance, indemnity bonds,
indemnification agreements, or otherwise, without utilizing state funds, to compensate in
full all parties that might foreseeably suffer damage to person or property from ground
motion, ionizing radiation, other pollution, or other hazard attributable to such
detonation. Damage is attributable to such detonation without regard to negligence and
without regard to any concurrent or intervening cause.
Adopted by the People, November 5, 1974 Effective
upon proclamation of the Governor, December 20, 1974.
Section 4. Article selfexecuting. This article shall be in all respects selfexecuting; but, the general assembly may by law provide for its more effective enforcement and may by law also impose additional restrictions or conditions upon the emplacement or detonation of any nuclear explosive device.
Adopted by the People, November 5, 1974 Effective
upon proclamation of the Governor, December 20, 1974.
Section 5. Severability. If any
provision of this article, or its application in any particular case, is held invalid, the
remainder of the article and its application in all other cases shall remain unimpaired.
Adopted by the People, November 5, 1974 Effective upon proclamation of the Governor, December 20, 1974.
