legislative declaration

See: bill
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This specific legislative declaration is relatively new (the Alberta Legislature adopted the Act in 1996 and it came into force in 1999), but it has deep historic roots, dating back to the 1894 Northwest Irrigation Act, which declared that these same rights were vested in the Crown in right of Canada.
The significance of the foregoing legislative declarations is that, as a matter of law, legislative declarations of public purpose are presumed to be valid and any party challenging the legislative declaration must demonstrate that the legislative declaration was "patently erroneous" or "so clearly wrong as to be beyond the power of the legislature.
First, at the time the Brandes case was decided in 1966, there was no legislative declaration by the state that the construction of a sports facility served a public purpose.
Legislative declarations, which speak to the public purpose of the sports facility, are entitled to great weight.
This is because any judicial finding that a land use statute has valid public purpose, would amount to a legislative declaration that the prohibited conduct was a noxious use and, ipso facto, the use would be not "property" and not protected by the takings clause.
In passing, I would also note that there is a similar issue, in both public trust and eminent domain cases, concerning the extent that a legislative declaration of public purpose prevents the courts from second-guessing the legislature.
33) All of those cases involved legislative declarations.
The Board also argues that the legislative declaration set forth in Sec.
We may never know whether our inherent anthropocentricism makes the legislative declaration fundamentally illogical, but even the act of asking and re-asking the question may help instill a strong environmental ethic.
By late fall, seven additional states had filed Pharmacy Plus waivers, and two others have legislative declarations favoring the process.

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