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100-724: The Naval Weapons Station (NWS) Complex (including Cheatham Annex) is 108.5 sq mi (281 km) in area, roughly 1/5 of the total land area of York County , in which most of it lies; a small portion is within James City County . The station is bounded on the northwest by the Naval Supply Center Cheatham Annex, the Virginia Emergency Fuel Farm, and land owned by the Department of the Interior ; on

200-535: A Government work". Local government authorities (such as City or District councils) are also empowered under the same section to acquire land for "local work for which it has financial responsibility." In the Bahamas, the Acquisition of Land Act operates to permit the acquisition of land where it is deemed likely to be required for a public purpose. The land can be acquired by private agreement or compulsory purchase (s7 of

300-575: A Native American from this area who had been taken captive by an earlier expedition. He was taken to Spain and later to Mexico, where he was baptized as Don Luis and educated in the Jesuit system. Ten years later after returning to Virginia, he soon abandoned the Spanish group. In February 1571 he led an attack on the Jesuits; all of the party except a young boy were killed. The following year, a Spanish force returned to

400-655: A border along the York River with Gloucester County . Formed in 1634 as Charles River Shire , one of the eight original shires (counties) of the Virginia Colony , and renamed York County in 1643, York County is one of the oldest counties in the United States. Yorktown is one of the three points of the Historic Triangle of Colonial Virginia . It is the site of the last battle and surrender of British forces in 1781 at

500-445: A general or a special law which authorizes expropriation for the public benefit or the national interest, duly qualified by the legislator. The expropriated party may protest the legality of the expropriation action before the ordinary courts of justice and shall, at all times, have the right to indemnification for patrimonial harm actually caused, to be fixed by mutual agreement or by a sentence pronounced by said courts in accordance with

600-602: A matter of Australian law, all land was originally owned by the Crown before it was sold, leased or granted and that, through the act of compulsory acquisition, the Crown is "resuming" possession. In New Zealand, the Public Works Act 1981 outlines the powers of the state in relation to land used for public purposes. Under Section 16 of the Public Works Act 1981 the Minister is "empowered to acquire under this Act any land required for

700-568: A natural or de facto monopoly , and an essential service of public utility. The most famous nationalization in Italy was the 1962 nationalization of the electrical power sector . Article 33.3 of the Spanish Constitution of 1978 allows forced expropriation ( expropiación forzosa ) only where justified on the grounds of public utility or social interest and subject to the payment of appropriate compensation as provided for in law. The right of

800-420: A partial taking provides economic benefits specific to the remainder, those must be deducted, typically from severance damages. Some elements of value, such as a business's connection to the location and the goodwill of the public , are only compensable in a few jurisdictions; where they are not, fair market value may be less than the value of the location to the current user. The practice of condemnation came to

900-470: A petroleum terminal on the former site of an oil refinery that ceased operation in 2010. The northern portion is more connected with the Williamsburg community than Yorktown and, although less populous than the south, is also fairly dense. Having not seen a significant amount of growth until recently, the northern portion is now seeing the development of new residential communities and shopping areas. As of

1000-645: A state or municipality to buy property when it is determined to be of "particular public interest" is regulated in Expropriationslagen (1972:719). The government purchases the property at an estimated market value plus a 25% compensation. The law also states that the property owner shall not suffer economic harm because of the expropriation. After his victory in 1066, William the Conqueror seized virtually all land in England. Although he maintained absolute power over

1100-453: A statute was passed granting commissioners of sewers in Lincolnshire the power to take land without compensation. After the early 16th century, however, Parliamentary takings of land for roads, bridges, etc. generally did require compensation. The common practice was to pay 10% more than the assessed value. However, as the voting franchise was expanded to include more non-landowners, the bonus

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1200-588: A total area of 215 square miles (560 km ), of which 105 square miles (270 km ) is land and 110 square miles (280 km ) (51.3%) is water. It is the third-smallest county in Virginia by land area. It is near the mouth of the Chesapeake Bay. Also, in terms of population clusters, the county is divided by a vast expanse of federal land in the midsection of the county, much of which is densely wooded park land, and military training areas. The southern portion of

1300-440: A variety of incidental losses caused by the taking of their property that, though incurred and readily demonstrable in other cases, are deemed by the courts to be noncompensable in eminent domain. The same is true of attorneys' and appraisers fees. But as a matter of legislative grace rather than constitutional requirement some of these losses (e.g., business goodwill) have been made compensable by state legislative enactments, and in

1400-403: A way as to bring in increased tax revenues to the government. Some jurisdictions require that the taker make an offer to purchase the subject property, before resorting to the use of eminent domain. However, once the property is taken and the judgment is final, the condemnor owns it in fee simple , and may put it to uses other than those specified in the eminent domain action. Takings may be of

1500-668: Is available to the landowner, with the Lands Tribunal for Scotland dealing with any disputes arising from the value of compensation. As in England and Wales, the law of compulsory purchase in Scotland is complex. The current statutes regulating compulsory purchase include: the Lands Clauses Consolidation (Scotland) Act 1845 ( 8 & 9 Vict. c. 19); the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 ; and

1600-666: Is compensated with a price agreed or stipulated by an appropriate person. Where agreement on price cannot be achieved, the value of the taken land is determined by the Upper Tribunal . The operative law is a patchwork of statutes and case law. The principal acts are the Lands Clauses Consolidation Act 1845 ( 8 & 9 Vict. c. 18), the Land Compensation Act 1961 , the Compulsory Purchase Act 1965 ,

1700-484: Is done, the state is bound to make good the loss to those who lose their property. The exercise of eminent domain is not limited to real property . Condemnors may also take personal property, even intangible property such as contract rights, patents , trade secrets , and copyrights . Even the taking of a professional sports team 's franchise has been held by the California Supreme Court to be within

1800-823: Is listed on the National Register of Historic Places and the Virginia Landmarks Register . Descendants of the Lee family owned the property until its acquisition in 1918 by the federal government for the Navy Mine Depot. The colonial infantry of the American Revolutionary War and forces of the Civil War slogged along the Old Williamsburg Road that today runs through the station. Around 1914,

1900-487: Is now Yorktown although the community, founded as a port for shipping tobacco to Europe, as variously called Port of York, Borough of York, York, Town of York, until Yorktown was established in 1691, when the House of Burgesses required each county to designate a port of entry and build warehousing. Although never formally incorporated as a town, Yorktown is the county seat of York County. The only town ever incorporated within

2000-529: Is now York County was long inhabited by succeeding cultures of Native Americans . These were hunter-gatherer groups during the late Woodland Period (1000 BCE to 1000 CE) and earlier. By the late 16th century, much of the coastal plain draining to the Chesapeake Bay of the current Commonwealth of Virginia was called Tenakomakah in Algonquian , meaning "densely inhabited land". The historic tribes of

2100-452: Is now part of Camp Peary , the smaller towns of Magruder and Bigler's Mill were located. Much of Magruder's population and at least one church was relocated to Grove, increasing its population. In 1949, the county grew by 4 square miles (10 km ), as land in that amount was ceded to York County by neighboring Warwick County . At the time, the move was part of a successful attempt by Warwick County to block an annexation suit brought by

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2200-399: Is served by Williamsburg Area Transit Authority (WATA) as well as Hampton Roads Transit (HRT). WATA's buses stop at different communities in the northwestern part of the county adjacent to Williamsburg, while HRT operates several routes that run close to the county's populated southeast (but not entering the county). In addition, Yorktown offers a complimentary sightseeing trolley bus around

2300-496: Is sometimes spelled "Kiskiack"). This became part of the developments included within the present-day Naval Weapons Station Yorktown near Yorktown and are included in the military base. Cheesecake Road and Cheesecake Cemetery are also within the base; their names are thought to derive from the early Chiskiack people. After the Powhatan moved his capital from this area in 1609, the site believed to have been Werowocomoco near Purtan Bay

2400-421: Is the compulsory acquisition of private property for public use . It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise

2500-411: Is the northern terminus of the scenic Colonial Parkway operated by the U.S. National Park Service which links the three. In 2005, the county completed Riverwalk Landing, a successful pseudo-colonial waterfront development at Yorktown to revitalize the previously deteriorating beach and town district and complement the 2007 celebration of Jamestown. According to the U.S. Census Bureau , the county has

2600-412: Is used to describe the formal act of exercising the power to transfer title or some lesser interest in the subject property. The constitutionally required "just compensation" in partial takings is usually measured by fair market value of the part taken, plus severance damages (the diminution in value of the property retained by the owner [remainder] when only a part of the subject property is taken). Where

2700-561: The Algonquian -speaking Kiskiack and other American Indian tribes of the Powhatan Confederacy , who historically inhabited the area. The oldest structure at the Yorktown Naval Weapons Station is the brick " Kiskiack (Lee House) ", built as a private residence in the late 17th century by English immigrant Henry Lee or his near descendants. At that time, the owner of the farm likely cultivated tobacco for export. It

2800-682: The American Revolutionary War . Yorktown also figured prominently in the American Civil War during the Peninsula Campaign in 1862. The small unincorporated town of Lackey and a nearby area known as "the Reservation" were taken over by the U.S. Navy during World War I . This is now part of the Naval Weapons Station Yorktown . Many of the displaced African American landowners were eventually relocated to Grove , along

2900-511: The City of Newport News . Warwick eventually consolidated with the city in 1958 by mutual agreement. (The reduction in size allowed Warwick County to claim an exemption from the proposed annexation at the time). In 1975, the county lost 15.5 square miles (40.1 km ) of land as the incorporated town of Poquoson , which had been within York County, became an independent city , although ties between

3000-670: The DuPont Company acquired a 4,000-acre (16 km) site on the banks of the York River and built a dynamite plant, which came to be known as Penniman . Before DuPont production started, the Navy acquired the site in August 1918 by presidential proclamation in response to the outbreak of World War I in Europe. This eventually developed as the largest naval installation in the world. The Navy acquired

3100-590: The Federal Court has extended the states' power to resume property to any form of physical property. For the purposes of section 51(xxxi), money is not property that may be compulsorily acquired. The Commonwealth must also derive some benefit from the property acquired, that is, the Commonwealth can "only legislate for the acquisition of Property for particular purposes". Accordingly, the power does not extend to allow legislation designed merely to seek to extinguish

Naval Weapons Station Yorktown - Misplaced Pages Continue

3200-1117: The Jamestown , Williamsburg, and Yorktown area known as the Historic Triangle of Colonial Virginia , was acquired by the Navy on June 21, 1943. Cheatham Annex includes the former site of the "lost town" of Penniman, Virginia . Naval Weapons Station Yorktown hosts 25 tenant commands which include the Navy Munitions Command , the Naval Ophthalmic Support and Training Activity, the Marine Corps Second Fleet Antiterrorism Security Team , NAVSUP Fleet Logistics Center Norfolk detachment, Navy Expeditionary Medical Support Command, Navy Expeditionary Logistics Support Group , Riverine Squadron THREE , Maritime Civil Affairs Squadron TWO , and 19 storefronts. The station and tenant commands work together to provide ordnance logistics, technical, supply and related services to Fleet Forces Command and its ships. Today

3300-761: The Land Compensation (Scotland) Act 1963 . The Scottish Law Commission considered the current state of the law of compulsory purchase and advocated reforms in its Discussion Paper on Compulsory Purchase . Such reforms have yet to be made by the Scottish Parliament . In Australia, section 51(xxxi) of the Australian Constitution permits the Commonwealth Parliament to make laws with respect to "the acquisition of property on just terms from any State or person for any purpose in respect of which

3400-554: The Land Compensation Act 1973 , the Acquisition of Land Act 1981 , part IX of the Town and Country Planning Act 1990 , the Planning and Compensation Act 1991 , and the Planning and Compulsory Purchase Act 2004 . In Scotland , eminent domain is known as compulsory purchase. The development of powers of compulsory purchase originated in the railway mania of the Victorian period . Compensation

3500-624: The National Park Service . The large Camp Peary , which also has much York River frontage on the northern side of the Virginia Peninsula , is adjacent to the Naval Station. The site of NWS Yorktown is rich in colonial era (1607–1776) history, as well as that of the American Civil War (1861–1865). The station is located on the York River, in an area that was an early settlement of English colonists in Virginia. They displaced

3600-502: The census of 2000, there were 56,297 people, 20,000 households, and 15,880 families residing in the county. The population density was 533 inhabitants per square mile (206/km ). There were 20,701 housing units at an average density of 196 units per square mile (76 units/km ). The racial makeup of the county was 76.4% White , 13.4% Black or African American , 0.4% Native American , 4.9% Asian , 0.2% Pacific Islander , 1.4% from other races , and 3.4% from two or more races. 4.4% of

3700-400: The "acquisition or requisition of property" (Schedule VII, Entry 42, List III). It is this provision that has been interpreted as being the source of the state's "eminent domain" powers. The provisions relating to the right to property were changed a number of times. The 44th amendment of 1978 deleted the right to property from the list of Fundamental Rights. A new article, Article 300-A,

3800-412: The 1980s to modern times, York County experienced a rapid transition from a rural county to a bedroom community for the neighboring core cities of Hampton and Newport News . In modern times, York County and Yorktown in particular are part of an important historical area of attractions known as the Historic Triangle of Colonial Virginia , which includes Yorktown, Jamestown and Williamsburg . Yorktown

3900-505: The Act). Under section 24 of the Acquisition of Land Act, the purchaser may purchase the interest of the mortgagee of any land acquired under the Act. To do so, the purchaser must pay the principal sum and interest, together with costs and charges plus 6 months’ additional interest. In Canada, expropriation is governed by federal or provincial statutes. Under these statutory regimes, public authorities have

4000-609: The American colonies with the common law . When it came time to draft the United States Constitution , differing views on eminent domain were voiced. The Fifth Amendment to the Constitution requires that the taking be for a "public use" and mandates payment of "just compensation" to the owner. In federal law, Congress can take private property directly (without recourse to the courts) by passing an Act transferring title of

4100-636: The Chinese form of eminent domain, are constitutionally permitted as necessary for the public interest, and if compensation is provided. The 2019 Amendment of the Land Administration Law of China spells out rather detailed guidelines, guaranteeing farmers and those displaced greater financial security. The Constitution of India originally provided for the Fundamental Right to property under Articles 19 and 31. Article 19 guaranteed to all citizens

Naval Weapons Station Yorktown - Misplaced Pages Continue

4200-811: The DuPont site, about 18 square miles (47 km) of area near Yorktown, Virginia, as the best location on the East Coast for its mine activities. The Bureau of Ordnance of the Navy Department assumed possession one month later. Yorktown was near the Navy Operating Base at Hampton Roads , the Norfolk Navy Yard , and the Fuel Bases of the Fifth Naval District . It had excellent transportation access, with

4300-686: The European Court of Human Rights (ECtHR) provides that just compensation has to be paid in cases of expropriation. In France , the Declaration of the Rights of Man and of the Citizen similarly mandates just and preliminary compensation before expropriation; and a déclaration d'utilité publique is commonly required, to demonstrate a public benefit. Notably, in 1945, by decree of General Charles de Gaulle based on untried accusations of collaboration with

4400-562: The Nazi occupier, the Renault company was expropriated from Louis Renault posthumously and nationalised as Régie Nationale des Usines Renault , without compensation. The Basic Law for the Federal Republic of Germany states in its Article 14 (3) that "an expropriation is only allowed for the public good" and just compensation must be made. It also provides for the right to have the amount of

4500-460: The Parliament has power to make laws." This has been construed as meaning that just compensation may not always include monetary or proprietary recompense, rather it is for the court to determine what is just. It may be necessary to imply a need for compensation in the interests of justice, lest the law be invalidated. Property subject to resumption is not restricted to real estate as authority from

4600-541: The Powhatan, meaning the paramount chief, he was from a village also known as "Powhatan", near the fall line of the James River . (The Powhatan Hill neighborhood of the current city of Richmond was developed near this former site.) Chief Powhatan later established a second capital village, known as Werowocomoco , in a centrally located position in Tenakomakah. Rediscovered in the early 21st century by archeological work, it

4700-409: The Royal Decree n.2359 of 1865. Also other national and regional laws may apply, not always giving full compensation to the owner. Expropriation can be total (the whole property is expropriated) or partial; permanent or temporary. The article 42 of the Italian Constitution and the article 834 of the Italian Civil Code state that any private goods can be expropriated for public utility. Furthermore,

4800-403: The Territory government to acquire land subject to Native Title, effectively extinguishing the Native Title interest in the land. Kirby J in dissent, along with a number of commentators, viewed this as a missed opportunity to comment on the exceptional nature of powers of resumption exercised in the absence of a public purpose limitation. The term resumption is a reflection of the fact that, as

4900-466: The Tidewater area spoke related Algonquian languages. Other Algonquian-speaking peoples occupied coastal areas north and into present-day Canada, as well as to the south. In the Virginia region, a weroance (or chief) named Wahunsunacock (1547–1618) of the Powhatan people created a powerful empire of eastern-Algonquian language-speaking peoples known as the Powhatan Confederacy ; he conquered or allied by agreement with approximately 30 tribes. Known as

5000-525: The U.S. may be partially covered by provisions of the federal Uniform Relocation Assistance Act . Since the 1990s, the Zimbabwean government under Robert Mugabe has seized a great deal of land and homes of mainly white farmers in the course of the land reform movement in Zimbabwe . The government argued that such land reform was necessary to redistribute the land to Zimbabweans dispossessed of their lands during colonialism . These farmers were never compensated for this seizure. In China , "requisitions",

5100-424: The US Senate in 2008. York County is home to several large and important military facilities of the United States. Located along the York River, small portions of each base extend into adjacent James City County as well. The Coast Guard Training Center Yorktown is there. The Naval Weapons Station Yorktown was originally established during World War I by order of President Woodrow Wilson , and now includes

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5200-961: The United States their new homeland after the War. Separating these two large military reservations is Queen's Creek , which originates in the western reaches of the county and drains to the York River. York County contains some former towns including Yorke, and a large number when the military reservations were created in the first half of the 20th century. These include the original Lackey (known locally as "the Reservation"), Halstead's Point , Penniman , Bigler's Mill , and Magruder . Many relocated residents and their descendants, many of whom were farmers and watermen, now live in such places as Yorktown, Gloucester, Lee Hall , Grove , and Lightfoot . 37°13′N 76°26′W  /  37.22°N 76.44°W  / 37.22; -76.44 Eminent domain Eminent domain , also known as land acquisition , compulsory purchase , resumption , resumption / compulsory acquisition , or expropriation ,

5300-411: The Yorktown Riverfront area, Yorktown Battlefield and Visitor Center and American Revolution Museum at Yorktown. Yorktown is linked by the National Park Service's bucolic Colonial Parkway with Colonial Williamsburg and historic attractions at Jamestown, Virginia . Heritage tourism to the Historic Triangle draws international visitors and is a major economic activity for the county. The area which

5400-439: The Yorktown Road a few miles away. As many as 10,000 personnel worked at the Naval facility during World War I . Many workers lived in the town of Penniman . After World War I and the Navy's shift away from mines, this community also vanished as workers moved away. Halstead's Point , another community of workers on the station, also declined and disappeared. It was located near the present main gate off State Route 143 . Over

5500-413: The article 2 of the Constitution binds Italian citizens to respect their "mandatory duties of political, economic and social solidarity". The implementation of the eminent domain follows two principles: Nazionalizzazione ("nationalization"), instead, is provided for by article 43 of the Constitution; it transfers to governmental authority and property a whole industrial sector, if it is deemed to be

5600-409: The border between York and James counties. During World War II , the sites of three other small York County towns were absorbed into U.S. government reservations. Penniman was the site of a World War I munitions facility operated by the DuPont company and was made a part of Cheatham Annex ) in 1943. To the west of Penniman, which is reported to have had a peak population of 15,000, on land which

5700-412: The compensation checked by a court. Esproprio – or more formally espropriazione per pubblica utilità ("expropriation for public utility") – in Italy takes place within the frame of civil law , as an expression of the potere ablatorio ( ablative power). The law regulating expropriation is the D.P.R. n.327 of 2001, amended by D.Lgs. n.302 of 2002; it supersedes the old expropriation law,

5800-426: The conclusion of the American Revolutionary War , when the patriots gained independence from Great Britain . In modern times, several important U.S. military installations have been developed in the county. It also has miles of waterfront residential and recreational areas. York County adjoins the Busch Gardens Williamsburg theme park and includes within its borders the affiliated Water Country USA water park ,

5900-465: The country's history most recently during the renationalization of YPF . which resulted in the expropriation of 51% of the energy company 's shares. Brazil's expropriation laws are governed by the Presidential Decree No. 3365 of June 21, 1941. Art. 19, No. 24, of the Chilean Constitution says in part, "In no case may anyone be deprived of his property, of the assets affected or any of the essential faculties or powers of ownership, except by virtue of

6000-412: The county and the new city remained close. Over 40 years later, they continue to share courts, sheriff's office, a jail, and some constitutional services. York County also adjoins another small independent city, Williamsburg, which was long located within James City County. In the 20th century, some areas of York County adjacent to Williamsburg were lost to the growing small city through annexation. From

6100-468: The county is Interstate 64 . U.S. Route 17 crosses the York River from Gloucester Point via the Coleman Memorial Bridge . State Route 199 , which circumvents Williamsburg, joins Interstate 64 close to the Water Country USA in the county. Two sections of U.S. Routes 60 passes York County to the north of Williamsburg and west of Water Country USA. Virginia State Route 134 connects York County to Langley Air Force Base and Hampton, Virginia , bypassing

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6200-404: The county is dense with suburban developments and contains the majority of the county's population. There is little room for additional growth in the southern portion of York County because it is a relatively small area and was essentially fully developed by the early 2000s. A small industrial area along the York River just east of Yorktown contains a power plant owned by Dominion Virginia Power, and

6300-422: The county's boundaries was Poquoson , which was incorporated in 1952 and became an independent city in 1975. Porto Bello , the hunting lodge of Lord Dunmore , last royal governor of Virginia, still stands on the grounds of Camp Peary. It is listed on the National Register of Historic Places . It is most famous as the site of the surrender of General Cornwallis to General George Washington in 1781, ending

6400-472: The county. The current county administrator is Neil Morgan. York County consistently votes for Republican candidates in statewide elections, though the county has recently become less strongly Republican. Since 1968, only 3 Democratic candidates have won more than 45% of the vote: Jimmy Carter in 1976 , Joe Biden in 2020 , and Kamala Harris in 2024 . Mark Warner is the last Democrat to win York in any statewide election, during his election to

6500-448: The expropriating authority by bringing a claim before the court or an administrative body appointed by the governing legislation. In Panama, the government must pay a fair amount of money to the owner of the property to be expropriated. Most states use the term eminent domain , but some U.S. states use the term appropriation or expropriation (Louisiana) as synonyms for the exercise of eminent domain powers. The term condemnation

6600-466: The formerly separate Cheatham Annex Supply Complex. Camp Peary was established during World War II as a Seabee Training Base. As the war progressed, it became valuable to the Allied Forces to house sensitive prisoners-of-war from captured German naval vessels; it was important for Nazi authorities to be unaware of their capture, since that also meant secret code books thought lost-at sea may also have been compromised. Many of these POWs made Virginia and

6700-402: The functions of public character. The most common uses of property taken by eminent domain have been for roads, government buildings and public utilities . Many railroads were given the right of eminent domain to obtain land or easements in order to build and connect rail networks. In the mid-20th century, a new application of eminent domain was pioneered, in which the government could take

6800-411: The government appears to have acted unfairly, the action can be challenged in a court of law by citizens. Land acquisition in India is currently governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 , which came into force on 1 January 2014. Until 2013, land acquisition in India was governed by Land Acquisition Act of 1894 . However

6900-513: The land, he granted fiefs to landholders who served as stewards, paying fees and providing military services. During the Hundred Years' War in the 14th century, Edward III used the Crown's right of purveyance for massive expropriations. Chapter 28 of Magna Carta required that immediate cash payment be made for expropriations. As the king's power was broken down in the ensuing centuries, tenants were regarded as holding ownership rights rather than merely possessory rights over their land. In 1427,

7000-401: The late 19th century, this area had been locally known as "the Reservation".) Assisted by self-educated farmer John Tack Roberts (born c. 1860), many of the displaced residents of Lackey negotiated better financial compensation for their properties. Many relocated to the community of Grove in nearby James City County . Another small community, also named Lackey, was later developed along

7100-514: The main lines of the Chesapeake and Ohio Railway forming one of the boundaries of the Depot, and 5 mi (8 km) of waterfront on the navigable York River. Ocean-going vessels of largest dimension and deepest draft could navigate there. To make way for the new Mine Depot, the government acquired by eminent domain the property of many landowners along the former Yorktown-Williamsburg Road in nearby Lackey, Virginia . Both landowners and tenants in this area were primarily African American. (Since

7200-400: The more developed portion of US-17 between Tabb and I-64. Victory Boulevard connects Newport News and York County to Poquoson . The county is traditionally organized per Virginia Law. It is governed by a Board of Supervisors , who are elected for four-year terms by voters from each of the county's five districts. The Board appoints a County Administrator to act as the administrative head of

7300-575: The new LARR (amendment) ordinance 31 December 2014 diluted many clauses of the original act. The liberalisation of the economy and the Government's initiative to set up special economic zones have led to many protests by farmers and have opened up a debate on the reinstatement of the fundamental right to private property. In many European nations, the European Convention on Human Rights provides protection from an appropriation of private property by

7400-500: The northeast by almost 14 miles (23 km) of the York River and the Colonial National Historical Park ; on the southwest by Route 143 and I-64 ; and on the southeast by Route 238 and the community of Lackey . The station borders the cities of Newport News and Williamsburg . It shares almost 14 miles (23 km) of the York River shoreline (about half of York County's York River shoreline and wetlands) with

7500-555: The oldest counties in the United States. In 1643 Charles River County and the Charles River (also named for the king) were changed to York County and York River , respectively. The river, county, and town of Yorktown are believed by some to have been named for York , a city in Yorkshire , but Charles was formerly Duke of York and his own son James II followed him as Duke of York. The first courthouse and jail were located near what

7600-465: The population had grown to 65,464 and the median household income was $ 84,167, the highest in the Hampton Roads region. Males had a median income of $ 42,948 versus $ 28,713 for females. The per capita income for the county was $ 36,755. About 2.70% of families and 3.50% of the population were below the poverty line , including 3.90% of those under age 18 and 3.80% of those age 65 or over. York County

7700-441: The population were Hispanic or Latino of any race. There were 20,000 households, out of which 42.20% had children under the age of 18 living with them, 67.30% were married couples living together, 9.40% had a female householder with no husband present, and 20.60% were non-families. 16.70% of all households were made up of individuals, and 5.40% had someone living alone who was 65 years of age or older. The average household size

7800-535: The previous owner's title. The states and territories' powers of resumption on the other hand are not so limited. The section 43(1) of the Lands Acquisition Act 1998 (NT) grants the Minister the power to acquire land 'for any purpose whatever'. The High Court of Australia interpreted this provision literally, relieving the Territory government of any public purpose limitation on the power. This finding permitted

7900-405: The property and transfer it to a private third party for redevelopment. This was initially done only to a property that has been deemed "blighted" or a "development impediment", on the principle that such properties had a negative impact upon surrounding property owners, but was later expanded to allow the taking of any private property when the new third-party owner could develop the property in such

8000-589: The property to establish the Navy Mine Depot, Yorktown at this site. The Navy planned to lay the North Sea Mine Barrage to protect commercial shipping and required an Atlantic Seaboard plant to support the effort. Here the mines would be stored, assembled, loaded, tested and issued to the Service. A related station was required for the training of personnel to adjust and operate the mines. The Navy selected

8100-407: The property's fair market value, considering its highest and best use. But though rarely granted, this is not the exclusive measure of compensation; see Kimball Laundry Co. v. United States (business losses in temporary takings) and United States v. Pewee Coal Co. (operating losses caused by government operations of a mine seized during World War II). In most takings owners are not compensated for

8200-464: The proprietary Virginia Company of London which were known as Elizabeth Cittie and James Cittie . In 1634, what is now York County was formed as Charles River Shire , one of the eight original shires of Virginia and named for King Charles I . Charles River Shire took its name from the younger son of King James I . In the 21st century, it was one of the five original shires considered extant in essentially its same political form, making it one of

8300-594: The purview of the "public use" constitutional limitation, although eventually, that taking (of the Oakland Raiders ' NFL franchise) was not permitted because it was deemed to violate the interstate commerce clause of the U.S. Constitution. A taking of property must be accompanied by payment of "just compensation" to the [former] owner. In theory, this is supposed to put the owner in the same position pecuniarily that he would have been in had his property not been taken. But in practice courts have limited compensation to

8400-453: The region for punishment and reclaimed the youth Alonso. The Spanish did not attempt another mission in this part of North America. About 30 years later, English colonists arrived and established Jamestown in 1607 on the southern shore of the Virginia Peninsula in the Colony of Virginia . In 1619, the area which is now York County was included in two of the four incorporations (or "citties") of

8500-404: The right to "acquire, hold and dispose of property". Article 31 provided that "No person shall be deprived of his property save by authority of law." It also provided that compensation would be paid to a person whose property had been "taken possession of or acquired" for public purposes. In addition, both the state government as well as the union (federal) government were empowered to enact laws for

8600-477: The right to acquire private property for public purposes, so long as the acquisition is approved by the appropriate government body. Once a property is taken, an owner is entitled to "be made whole" by compensation for: the market value of the expropriated property, injurious affection to the remainder of the property (if any), disturbance damages, business loss, and special difficulty relocating. Owners can advance claims for compensation above that initially provided by

8700-558: The rights and freedoms of others. This right is expanded by Article 1 of the First Protocol to the Convention, which states that "Every natural person or legal person is entitled to the peaceful enjoyment of his possessions." Again, this is subject to exceptions where state deprivation of private possessions is in the general or public interest , is in accordance with law, and, in particular, to secure payment of taxes . Settled case-law of

8800-449: The state. Article 8 of the Convention provides that "Everyone has the right to respect for his private and family life, his home, and his correspondence" and prohibits interference with this right by the state, unless the interference is in accordance with law and necessary in the interests of national security , public safety, economic well-being of the country, prevention of disorder or crime, protection of health or morals, or protection of

8900-516: The station is a hub of activity. As one of the Navy's "explosive corridors" to the sea, supply, amphibious and combatant ships may be seen arriving and departing the station's two piers. York County, Virginia York County (formerly Charles River County ) is a county in the eastern part of the Commonwealth of Virginia , located in the Tidewater . As of the 2020 census , the population

9000-568: The subject property directly to the government. In such cases, the property owner seeking compensation must sue the United States for compensation in the U.S. Court of Federal Claims. The legislature may also delegate the power to private entities like public utilities or railroads, and even to individuals. The U.S. Supreme Court has consistently deferred to the right of states to make their own determinations of "public use". In Argentina expropriations are governed by federal law 21.499 of January 17, 1977. It has been used in many locations throughout

9100-514: The subject property in its entirety (total take) or in part (part take), either quantitatively or qualitatively (either partially in fee simple or, commonly, an easement, or any other interest less than the full fee simple title). The term "eminent domain" was taken from the legal treatise De jure belli ac pacis ( On the Law of War and Peace ), written by the Dutch jurist Hugo Grotius in 1625, which used

9200-543: The term dominium eminens ( Latin for "supreme ownership") and described the power as follows: The property of subjects is under the eminent domain of the state, so that the state or those who act for it may use and even alienate and destroy such property, not only in the case of extreme necessity, in which even private persons have a right over the property of others, but for ends of public utility, to which ends those who founded civil society must be supposed to have intended that private ends should give way. But, when this

9300-556: The town on a daily basis. There is no train station in York County. The closest Amtrak stations are in Williamsburg and Newport News , respectively. Greyhound also has services in these two cities. A section of Newport News/Williamsburg International Airport , the only regional airport on the southern tip of the peninsula, is located in York County. Other major airports in the region are Norfolk International Airport and Richmond International Airport . The only interstate highway in

9400-621: The years, the growth and expansion of the Navy's technical requirements and responsibilities have been reflected by corresponding developments at the station to support the Atlantic Fleet and CFFC. As part of the Navy’s Mid-Atlantic installation consolidation, Cheatham Annex, formerly an annex of the Fleet Industrial Supply Center, Norfolk, was incorporated with the station on October 1, 1998. This area of land, located in

9500-401: Was 2.78 and the average family size was 3.15. In the county, the population was spread out, with 29.10% under the age of 18, 6.60% from 18 to 24, 30.70% from 25 to 44, 24.40% from 45 to 64, and 9.10% who were 65 years of age or older. The median age was 36 years. For every 100 females there were 96.50 males. For every 100 females aged 18 and over, there were 93.50 males. As of the 2010 Census,

9600-562: Was 70,045. The county seat is the unincorporated town of Yorktown . Located on the north side of the Virginia Peninsula , with the York River as its northern border, York County is included in the Virginia Beach – Norfolk – Newport News , VA– NC Metropolitan Statistical Area . York County contains many tributaries of the York River. It shares land borders with the independent cities of Williamsburg , Newport News , Hampton , and Poquoson , as well as James City County , and shares

9700-402: Was added to the constitution to provide, "No person shall be deprived of his property save by authority of law." Thus, if a legislature makes a law depriving a person of his property, it will not be unconstitutional. The aggrieved person shall have no right to move the court under Article 32. Thus, the right to property is no longer a fundamental right, though it is still a constitutional right. If

9800-462: Was eliminated. In spite of contrary statements found in some American law, in the United Kingdom, compulsory purchase valuation cases were tried by juries well into the 20th century, such as Attorney-General v De Keyser's Royal Hotel Ltd (1919). In England and Wales , and other jurisdictions that follow the principles of English law , the related term compulsory purchase is used. The landowner

9900-471: Was located along the north bank of the York River in present-day Gloucester County . The Chiskiack tribe of the Powhatan Confederacy lived in York County along the York River until the 1630s. Escalating conflicts with the expanding English colony based at Jamestown caused them to move to the west. The English developed a village settlement near the village of Chiskiack and adopted its name. (It

10000-631: Was lost to history. It was rediscovered in the early 21st century and has been under continuing archaeological study projects. The discoveries and ongoing research led by the College of William and Mary hold great promise in expanding understanding of the lives of the Native Americans in the area during that era of York County's history. In 1570, Spanish Jesuit priests founded the Ajacán Mission in this area. They were guided by interpreter Don Luis ,

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