Law On State Compensation For Expropriations Besatzungsrechtlicher Or Occupying State Authority Based On, Which Can Be Undone

Original Language Title: Gesetz über staatliche Ausgleichsleistungen für Enteignungen auf besatzungsrechtlicher oder besatzungshoheitlicher Grundlage, die nicht mehr rückgängig gemacht werden können

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Read the untranslated law here: http://www.gesetze-im-internet.de/ausglleistg/BJNR262800994.html

Law on State compensation for expropriations besatzungsrechtlicher or occupying State authority based on that not be undone can (balance power law - AusglLeistG) AusglLeistG Ausfertigung date: 27.09.1994 full quotation: "compensation performance Act in the version of the notice dated July 13, 2004 (BGBl. I p. 1665), most recently by article 1 of the law of March 21, 2011 (BGBl. I p. 450) has been changed" stand: Neugefasst by BEK. v. 13.7.2004 I in 1665, last amended by article 1 G v. 叔父 I 450 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.12.1994 +++) the G as article 2 G III-19-6-1 v. 27.9.1994 I 2624 (EALG) by the German Bundestag, with the consent of the Federal Council decided. It is accordance with art.13 set 3 of this G on the 1.12.1994 entered into force.

Entitled to compensation (1) natural persons, the assets within the meaning of § 2 para 2 of the law regulating the capacity issues (property law) by uncompensated expropriation on the basis besatzungsrechtlicher or occupying State authority in the area referred to in article 3 of the Unification Treaty (accession) have lost § 1, or their heirs or other heir (heirs of heritage) will get a compensation in accordance with this Act. Section 1, paragraph 7, of the property law shall remain unaffected.
(1a) a compensation claim in the case of the confiscation of assets located in the acceding territory by decision of a foreign court also, if with regard to the detention of persons associated with the decision a certificate has been issued according to § 10 para 4 of the inmate aid law. Section 1, paragraph 7, of the property law shall remain unaffected.
(2) an intervention on basis of besatzungsrechtlicher or occupying State authority exists in the expropriation of assets of a corporation or a cooperative if this has led to a reduction in the value of the shares of the company or of the business assets of the members of the cooperative. The same is true for beneficiaries (§ 18b paragraph 1 sentence 1 of the law on assets) earlier rights in rem to land that were expropriated besatzungsrechtlicher or occupying State authority based on. Article 1, paragraph 2, sentence 3 and 4 of the Compensation Act shall apply mutatis mutandis. Is expropriated the assets of the Foundation of a family or a family Association based in the acceding territory was, are to allow the compensation involved, than they would have been entitled to the assets of the Foundation or of the family Association for the entire hand. the eighteenth Ordinance for the implementation of the assessment Act of November 11, 1964 (Federal Law Gazette I p. 855) shall apply mutatis mutandis.
(3) compensation is not granted for 1 damage caused by removal of its assets at the behest of the occupying power, if the assets of a foreign State's economy have been brought to or when the removal was a so intent (repair damage within the meaning of § 2 para 1 to 4 and 6 to 7 of the reparation claims Act), 2 damage caused thereby, that the actually or allegedly from the occupied by German troops, or directly or indirectly controlled assets, regions during the second world war acquired or continued by measures or at the instigation of the occupation with the intention or the grounds taken away are, in these areas to bring or due to the fact (restitution in the meaning of § 3 of the reparation claims Act), damage 3, occurred, destroying economic assets for the purpose of the removal of German economic potential, damaged or without having the other conditions of section 2 para 1 of the reparation claims Act are , taken away are (destruction damage within the meaning of section 4 of the reparation claims Act), 4 losses to the in general war result Act in the Federal Law Gazette Part III, outline number assets referred to 653-1, published adjusted, 5. documented 6 creditor losses, which are, in connection with the restructuring of the monetary system in the acceding territory rights, the value of paper cleaned up documents or are subject to, 7 on foreign currency-denominated securities, 8 notes from local authorities and 9 claims , letter c and d of the property law are named in § 1, para 8.
(4) benefits under this Act are not granted, when according to paragraphs 1 and 2 legitimate or person from whom he derives his rights, or violate the expropriated companies against the principles of humanity or the rule of law, abused its position to the own benefit or to the detriment of others in serious mass or the Nazi or Communist system in the Soviet-occupied zone or in the German Democratic Republic has made significant advance.

Section 2 (1) compensation type and amount of compensation are subject to §§ 3 and 5 from the compensation fund in accordance with the paragraphs 1 and 9 of the compensation law to provide. They are measured as far as this law contains special provisions according to the sections 1 to 8 of the compensation law and fulfilled. At the meeting together with compensation under the property law are the individual claims prior to application of § 7 of the compensation law to comprise.
(2) RM-denominated private pecuniary claims which are not included in a unit value are calculated with the following percentage of the respective nominal value to: – for the first 100 Reichsmark: 50 per cent – for the excess up to 1,000 Reichsmark: 10 per cent - for 1,000 amounts exceeding RM: 5 per cent.
(3) German mark of the German Central Bank denominated private pecuniary claims are to 50 per cent of their respective nominal value.
(4) the basis for claims in securities debts is according to § 16 of the litigation - and finding Act in force until 30 July 1992 amended and article 17 of the assessment Act to determine. The compensation amounts to 5 per cent of the basis of assessment. Be measured are securities within the meaning of sentence 1 to mark of the German Central Bank, the compensation of 50 per cent.
(5) the amount of the compensation referred to in paragraph 2 to 4 must not exceed 10,000 German marks.
(6) the basis for rights, which give a share of the capital of a company is the amount of the basis of assessment to be determined pursuant to § 4 of the compensation law, which corresponds to the ratio of the nominal value of the share to the total par value of the capital.
(7) no compensation are to provide, as far as the share rights or claims to have become again to enforce the paragraphs 2 to 6 against the original debtor or his successor in title.

§ 3 acquisition of land (1) who formerly owned by the Treuhandanstalt to short-listing farmland has long term leased may in accordance with the following paragraphs 2 to 4 and 7 acquire these areas. This does not apply if the lease agreement was completed after January 1, 2007 or extended for the first time to a long-term lease. The acquisition will lapse at the end of December 31, 2009, unless, the privatization authority has granted the justified up to this date a notarized promise to grant the benefit and the purchase contract is concluded within the time limit specified in the agreement. Do not exceed the amount of the benefit referred to in the undertaking pursuant to sentence 3. Further claims are excluded.
(2) may be natural persons who on the in paragraph 1 have again set their original operating these surfaces and (again designers) are resident or have newly set up an operation and resident (new designers) and this operation alone or as a general partner in a partnership even manage. This also applies to legal persons of private law, operating an agricultural enterprise, the assets examination in accordance with the sections 44 et seq. of the agricultural adjustment act as amended by the notice of 3 July 1991 (Federal Law Gazette I S. 1418), most recently by the Act of 22 December 1997 (BGBl. I S. 3224) is changed, have correctly performed after assessment by the competent authority of the country and maintained their share values to more than 75 per cent of natural persons who are resident. Back designers are such natural persons, where the return of their original agricultural and forestry operation for legal or factual reasons is excluded, as well as natural persons where expropriation besatzungsrechtlicher or occupying State authority based on agricultural and forestry assets have been withdrawn within the meaning of sentence 1. Also shareholders of legal persons entitled pursuant to sentence 2, who are resident, working full time in this society and commit themselves to extend the lease agreement received by their company with the authority responsible for the privatization of up to a total period of 18 years and to stick with these areas for the company's debts are entitled.
(3) pursuant to paragraph 2, up to 600 000 yield metrics can purchase subject to sentences 2 to 4 set 1 to 3 authorized. As far as the surface of a partnership are long term leased, the shareholders authorized under paragraph 2 as a whole can purchase area up to the limit pursuant to sentence 1. As far as a legal person referred to in paragraph 2 has not exhausted the limit pursuant to sentence 1, can set which according to paragraph 2 4 legitimate shareholder purchasing remaining income measures subject to the company. The acquisition possibility referred to in paragraph 1, insofar as an ownership interest does not exceed 50 per cent of the agricultural area; on the ownership interest, you are to be a society and land belonging to its shareholders; related also to paragraph 5 and already acquired land be applied the percentage and the revenue metrics.
(4) (fallen away) by the Treuhandanstalt to short-listing (5) natural persons, where agricultural and forestry assets has been withdrawn and where the return of their original operation for legal or factual reasons is excluded or where such assets through expropriation besatzungsrechtlicher or occupying State authority based on are revoked and purchased the farmland not according to paragraphs 1 and 2 formerly State-owned, can acquire farmland and forest land , not to the paragraphs 1 to 4 to complete will be taken for a purchase. Agricultural land and forest areas can up to the amount of compensation according to § 2 para 1 sentence 1 of the compensation law be purchased agricultural land totalling 300 000 yield metrics overall, but only up to. An acquisition of former property is not possible, areas from the local area will be offered. There is no entitlement to certain areas. A beneficiary pursuant to sentence 1, the forestry assets has been withdrawn, cannot agricultural land or acquire only to a certain extent. Wants to the party entitled to perceive its purchase option pursuant to sentence 1, he has the body responsible for the privatisation within a period of six months after the administrative finality of the Ausgleichsleistungs - or compensation notice to explain. According to the paragraphs 1 to 4 justified by the body responsible for the privatisation tells the that cultivated areas by a person entitled under this paragraph are claimed by him, he must inform within a period of six months the body responsible for the privatisation, what areas he wants to priority purchase. Under this paragraph the beneficiary can transfer the purchase option code such persons on the spouse, life partner, as well as the in 1924, paragraph 1, 1925, paragraph 1, 1926, paragraph 1 and article 1928, paragraph 1, of the civil. As far as a community of heirs is entitled, the possibility of acquisition can transfer on a member or be divided on several members.
(6) to a tenant the acquirer must agree after paragraph 5, to extend existing long-term lease contracts up to a total period of 18 years. The body responsible for the privatization to the tenant is obliged to sell the rented land to him, these areas within the limits available are the paragraphs 1 to 4 for a purchase under paragraph 5 only with the consent of the tenant. Sentence 1 shall not apply if the lease agreement was completed after January 1, 2007 or extended for the first time to a long-term lease.
(7) the valuation for agricultural land is the market value of a discount amounting to 35 per cent will be made. The valuation approach for areas with buildings or other standing up structures, including a reasonable area to handle, is the market value. For purchasing applicant, whose purchase application according to § 7 version force land acquisition regulation where on December 30, 1995 (BGBl. I S. 2072) due to failure to comply with the Ortsansässigkeit on October 3, 1990, referred to in paragraph 2 in force on December 1, 1994 (BGBl. I S. 2624, 2628) rejected was that the valuation for agricultural land in less-favoured areas within the meaning of Regulation 950/97 EC (OJ EC No. L 142, p. 1) calculated pursuant to sentence 1 in same version. Sections 1 to 7 of the tenth Ordinance for the implementation of the assessment Act of 15 April 1958 (Federal Law Gazette Part III, outline number 611-1-DV10) in compliance with the current forest condition to determine the valuation on the basis of the three replacement unit value unit value is 1935 for forests with a proportion of mature blow stocks from less than 10 per cent. For forest areas up to ten hectares, Pauschhektarsätze can be made according to section 8, paragraph 1, this regulation. These are to be multiplied with the area guideline of annex 3 of this regulation. Forest areas in 1995 and in 1996 obtained over the years, deductions can be made up to 200 DM per hectare. Chop ripe stocks 10 per cent or more, accounted for as far as is referred to in point 6.5 of forest valuation guidelines of 25 February 1991 (BAnz. No. 100a of 5 June 1991) measured output value plus the local forest floor traffic value to apply. The body responsible for the privatization may require in each case that the co takes over legitimate otherwise non-recyclable rest areas to the current market value.
(7a) sales to authorized under paragraph 5 apply as market value within the meaning of paragraph 7 sentence 1, as he in 2004 resulting from the values published in the Federal Gazette of July 21, 2004 "Promoting of regional value approaches" for farmland and grassland under the land acquisition Ordinance. There are no regional valuations, is January 1, 2004 to determine the market value according to § 5 paragraph 1 sentence 1 of the land acquisition regulation at the valuation date. 75 percent of interest rates, the beneficial owner on the basis of the Ausgleichsleistungs - or compensation decision, received for an amount up to the amount of the purchase price at the latest from 1 January 2004, will be added on the thus determined purchase price. The purchase price premium is due after the fixing of the interest pursuant to § 1 paragraph 1 set 7 of the compensation law.
(7B) who in the period from January 1, 2004 up to the entry into force of the second land acquisition Amendment Act to exercising the right of acquisition under paragraph 5 has been entitled without making use of it, can land pursuant to paragraph 7a purchase. Has a beneficiary already exercised its pre-emption right under paragraph 5 within the period pursuant to sentence 1, it may only acquire more land as far as purchase price determination according to paragraph 7a resulted in a higher purchase amount within the upper limits of paragraph 5 sentence 2. Wants to the party entitled to perceive its purchase option 1 or set 2 pursuant to sentence, he has the body responsible for the privatisation within a period of six months from the entry into force of the second land acquisition Amendment Act to explain. Set of 8 and set apply to the transfer of acquisition possibilities under this paragraph 5 paragraph 9 according to.
(8) by the Treuhandanstalt to short-listing forest land purchase natural persons who under paragraph 5 sentence 1 to purchase are entitled and newly set up a forestry operation and alone, or as a general partner in a partnership even manage this operation, formerly State-owned, can up to 1 000 hectares, if they acquire no farmland after the paragraphs 1 to 7. Forestry operation within the meaning of sentence 1 shall be considered to be also the forestry part of agricultural and forestry operations. Paragraph 7 shall apply mutatis mutandis.
(9) are formerly State-owned, by the Treuhandanstalt to short-listing farmland until December 31, 2003 after the paragraphs 1 to 5 sold been, can be purchased by the person entitled under those provisions. Must have the purchase request June 30, 2004, when the body responsible for the privatisation until at the latest. Paragraph 7 shall apply mutatis mutandis. This acquisition is yield metrics, acquisition under paragraph 5 after paragraph 3 and 1 set only up to a limit of a total 800 000 and sentence 1 is possible only up to a limit of a total of 400 000 yield metrics. The limit on the share of property pursuant to paragraph 3 sentence 4 also applies the advanced acquisition opportunity under this paragraph.
(10) the agricultural and forestry land acquired under this provision may not be sold before the end of 15 years without the permission of the authority responsible for the privatisation. Until the expiry of five years the only provided may be approved, that flows to the additional proceeds of the Treuhandanstalt or their legal successors. Surplus is the difference between the purchase price and that this excess proceeds, but at least the difference between the purchase price and that at the time of the sale established market value. After five years, the approval condition to grant is, that the additional proceeds flowing to Treuhandanstalt or their legal successors, completed year, each a total of 9.09 percent of the identified excess proceeds the purchaser as of the end of the fifth year, and thereafter for each other and will remain. The permit may be denied if there is a cancellation reason. The privatisation authority may however refrain from the unwinding and grant approval if the payment referred to in sentence 2. For approval does not claim, provided that the acquired areas or parts thereof be used for other than agricultural or forestry purposes or such other use is anticipated. In case a previous permission in accordance with section 12 paragraph 3a of the land acquisition Ordinance apply with the proviso that the additional proceeds determined the difference between at the time of permitted the sentences 1 to 7, according to market value and that this excess proceeds, but not less than the difference between the market value determined at the time of the sale, is. The provisions of § 3 para 7 and the land acquisition Ordinance shall apply for the determination of the market value. The lock-up obligations required pursuant to sentence 1 to its effectiveness of registration in the land registry; the further regulates the legal regulation according to § 4 para 3 (11) § 4 No. 1 of the land transport Act of 28 July 1961 (BGBl. I p. 1091), most recently by the Act of 8 December 1986 (BGBl. I S. 2191) has been modified, is apply responsible authority on the sale of agricultural and forestry plots by the privatisation.
(12) the countries can land in protected natural areas (section 23 of the federal nature conservation Act), national parks (section 24 of the federal nature conservation Act) and in areas of biosphere reserves within the meaning of section 25 of the federal nature conservation Act, which meet the requirements of a nature conservation area, which have been finally refused or temporarily secured by February 1, 2000, or for which up to this time a minor protection procedure has formally been initiated, purchase a total of up to 100 000 ha in accordance with the following paragraphs. The privatisation authority can also immediately transferred ownership of the surfaces on a nature conservation Association designated by a country or a conservation Foundation named by a country.
(13) total ownership of land in the total volume of up to 50 000 hectares is transmitted free of charge, - up to 20 000 hectares of land, where an agricultural and forestry use is excluded or to be excluded - more up to 20 000 hectares of forestry area primarily in national parks, as well as in core zone of the biosphere reserve, in some cases even including related smaller agricultural land and - further up to 10 000 hectares of forestry area under 30 hectares priority in national parks, as well as in core zone of the biosphere reserve.
The rest of the area can be changed each of the countries up to the total amount referred to in paragraph 12 to the valuations in accordance with paragraph 7 in conjunction with articles 5 and 6 of the land acquisition Ordinance. Instead of an Exchange forest land may be purchased at 30 acres, or agricultural land to the market value. Areas that are required to enable the acquisition after paragraph 1 to 5 are excluded from the transfer of ownership to the countries, nature conservation associations or foundations. The purchaser costs the transfer of ownership-related measurement costs as well as any other.
(14) taking into account the already actually free of charge transferred to paragraph 13 and still free of charge to transfer surfaces within the meaning of paragraph 12, you can transfer up to 65 000 hectares for nature conservation particularly valuable areas free of charge to the recipients referred to in paragraph 12, a German Federal Environmental Foundation or carriers of nature protection projects of Federal Pan-governmentally representative importance or other non-profit conservation institution. Paragraph 13 sentence 4 and 5 shall apply mutatis mutandis.

§ 3a special for old contract rules (1) contracts that were concluded before 28 January 1999 on the basis of article 3, with the proviso as confirmed that the seller contracts with other than those in article 3, paragraph 2, sentence 3, or section 3, paragraph 5, sentence 1 determines the paragraphs 2 and 3 designated persons the purchase price to the.
(2) in the case of contracts for agricultural land in non less-favoured areas within the meaning of Regulation 950/97 EC (OJ EC No. L 142, p. 1) the seller raises the purchase price by a unilateral written declaration of intent on the amount, the value approach in section 3, paragraph 7, sentence 1 and 2 corresponds to. If the purchase price for contracts concluded over agricultural land in deprived areas is less than 25 per cent of the market value, the seller raises the purchase price on this value. The additional amount is to be payable on the due date stipulated in the contract. The seller determines the rate of interest at the reference rate in the calculation of the net grant equivalent of regional aid indicated in accordance with the applicable guidelines on national regional aid. The Federal Ministry of Finance Announces the relevant reference rate established by the European Commission in the Federal Gazette.
(3) the increase in purchase price is far lower, as the buyer can prove that damage that are not already balanced and created it after 7 October 1949 and before October 3, 1990, justify a reduction. The proof is to provide within six months after receipt of the written declaration referred to in paragraph 2 of the seller. Damage within the meaning of sentence 1 are only those that have arisen as a result of the forced collectivization of the inventory in an agricultural production cooperative or as a result of use conditions within the meaning of § 51 of the agriculture adjustment Act to agriculture and forestry assets. Customization is done incorrectly or it fails, the court sets the purchase price by judgment.
(4) the seller adjusts the purchase price according to paragraph 2 or paragraph 3, the buyer may withdraw within a period of one month access the adjustment Declaration by written declaration from the contract. In this case the buyer to the repossession of the property to the seller and the seller agrees to the repayment of the purchase price and refund the amount to the value of the merchandise increased due to uses of the buyer. Further claims except claims due to damage of the merchandise are excluded. If a lease is expired according to § 3 para 1 by ownership, he reappears with repossession of the property to the seller.

§ 3b successors are by the Treuhandanstalt to short-listing agricultural or forestry land transmission of Section 23a of the trust law, is the legal successor to all rights and obligations according to this Act and the land acquisition Ordinance.

§ Authorises 4 regulation empowering the Federal Government to regulate details of acquisition possibility according to § 3 and of the procedure by decree with the consent of the Federal Council. In the regulation can also be determined 1 the procedure for the determination of fair values according to § 3 paragraph 7, sentence 1, sentence 2, set of 6 and § 3a paragraph 2, 1a.
2. that reversal may be required, if the composition of the shareholder of an entity changed after beneficiary acquiring land in the way, that the privatization Office is entitled to reject a purchase request pursuant to section 3, if the owner out of him which reasons prompted by the privatization agency not within the set time limit shall submit the necessary evidence or does not lead a private written offer of the privatization Office within the time limit set for this purpose to a notarized purchase contract , that held 25 per cent or more of the share values of non-local persons or authorized pursuant to section 1, 3 that the reversal may be required for change of use or operational task, 4th annual reporting obligations on any operational tasks, use change or shareholder to be set or other measures to prevent abusive recourse to be taken, 5 that agricultural structural reasons or in cases of hardship from a reversal may be waived.

§ 5 return of goods
(1) moving, related not to a unit value things are back to commit. Reverse transcription is excluded, if this is not possible by the nature of things produced or natural persons, religious organizations or charitable foundations in a fair manner to the asset purchased property.
(2) cultural heritage for the exhibition to the public remains dedicated to the purposes of use on the part of the public or research for a period of 20 years free of charge (free public usufruct). The beneficial owner may request the continuation of the usufruct for a reasonable fee. The same applies to essential parts of facilities of a grade II listed, the public building. If the cultural heritage more than two years has been made available to the public, not, the usufruct ends at the request of the person entitled, except that the Supreme State authority finds good reasons for the non-accessibility and continuity of the purposes referred to in sentence 1.
(3) section 10 of the property Act shall apply mutatis mutandis. The usufructuary bears the expenses for the new cultural heritage.

§ 6 jurisdiction and procedure (1) claims for compensation are the offices to open property issues, as far as for the return of the withdrawn assets the Federal Office for central services and unresolved property issues or the country offices to regulate open questions of assets would be responsible to assert these. Already asked, still pending requests under the property Act, letter a of the Investment Act excluded according to § 1, para 8, be regarded as applications under this Act. The application deadline is at the end of the sixth month following entry into force of this Act (exclusion period).
(2) the provisions of the Investment Act and section 12 para 1 sentence 2 of the compensation law for the implementation of paragraphs 1, 2 and 5 of this law shall apply.
(3) for disputes relating to the implementation of articles 3, 3a and the regulation of § 4 para 3 judgments reason, the ordinary courts have jurisdiction.

Article 7 transitional and final provisions (1) the acquisition opportunity for forest areas according to § 3 para 4 and according to § 3 para 8 of force until July 11, 2009 version expires at the end of 31 December 2007 unless at this time an advisory procedure still not completed or a litigation over pending the beneficiary acquisition of forest land, ending the acquisition opportunity after these provisions six months after residents of the respective procedures.
(2) where by the land acquisition Amendment Act of July 3, 2009 (Federal Law Gazette I p. 1688) in this law and the land acquisition Ordinance changes on relief for buyers with, these, apply with the exception of the removal of the adherence of the forestry operation concept, in favor of buyers, bring which already contracts on the basis of this Act and the land acquisition Ordinance have been completed prior to July 11, 2009. The change recorded by the second land acquisition Amendment Act of March 30, 2011 in article 12, paragraph 7 of the land acquisition Ordinance applies also for the benefit of the buyer, which already before this day contracts on the basis of this Act and the land acquisition Ordinance have been completed.
(3) for Committee procedures, which are not yet finished with the entry into force of the land acquisition Amendment Act, the rules force until July 11, 2009 for the Advisory Board and the Advisory Committee procedure shall continue to apply.