Law on the restriction of land property for military defence (Protection Area Act)

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SchBerG

Date of completion: 07.12.1956

Full quote:

" Protection Area Act in the revised version published in the Federal Law Gazette, Part III, outline number 54-2, the latest by Article 11 of the Law of 13 May 2015 (BGBl. 706).

Status:

Last amended by Art. 11 G v. 13.5.2015 I 706

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1977 + + +) 

  

Validity Saarland cf. § 3 An. VI no. 2 G v. 30.6.1959 101-3

First section
Protection areas

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§ 1

(1) A protected area is an area in which the use of land on the basis of a special arrangement of the competent federal authority for the purpose of defence, in particular also in order to fulfil the obligations of the federal government from intergovernmental contracts (2) The scope of protection serves to protect and preserve the effectiveness of defence equipment. (3) If an area is to be declared a protected area, the state government shall be responsible for which, after consultation with the local authority concerned, takes due account of the requirements of regional planning, in particular the interests of urban development and nature conservation and the maintenance of the countryside, and the agricultural and economic interests of the project. If the Federal Minister of Defence wishes to depart from this opinion, he shall inform the national government concerned before it is taken. (4) An area may only be declared to the protection area if the success of the protection area is cannot be achieved in any other way, or not in good time, or only with disproportionate means. Unofficial table of contents

§ 2

(1) An area shall be declared a protected area by order. It must include a plan on the scope of the protection area. It shall be the owner of land in the protection area and the other person entitled to use or use those land (other righteous persons) and the person entitled in rem in so far as it is known to the competent authority or to the extent to which it is The basic book is to be published, to be published or to be publicly disclosed in a local manner. The plan on the scope of the scope of protection shall be notified to the parties concerned only insofar as they are concerned. (2) The order shall be limited to the essential level. It shall be designed and implemented in such a way as to avoid any preventable disadvantages to any of the parties. The life needs of the parties concerned must be guaranteed. The owner or the owner shall, at the request of the competent authority, be obliged to inform the name and address of any other person known to them, and any change in ownership or possession. (4) The competent authority shall, at least once every five years, in compliance with the provisions of section 1 (3), have to check whether the conditions of the order are still in place. If the order is not cancelled, the decision shall be justified and communicated to the parties. (5) The order shall be lifted if the scope of protection is no longer required for the purposes of § 1. The repeal shall be notified to the parties concerned. Unofficial table of contents

§ 3

(1) Anyone who is within the protected areas

1.

Erect, alter or eliminate structures or devices above or below the surface of the earth,

2.

the islands, the coasts and the waters,

3.

In other ways, change the land design and use of the soil in addition to the use of agricultural land

, the authorisation shall be required. The authorisation may only be denied in so far as it is necessary to achieve the purposes of the protection area. (2) exemptions from the permit requirement may be allowed. Unofficial table of contents

§ 4

(1) In so far as it is necessary to achieve the purposes of the protection area, it is also possible to limit the use of agricultural land within the scope of the protection. (2) If the agricultural use is limited, the following shall be limited to: the agricultural production is taken into account. Unofficial table of contents

§ 5

(1) For the land and waters of a protected area, the use or the common use may be excluded or restricted in so far as it is urgently necessary to achieve the purposes of the protection area. (2) It is prohibited to use a Protection area or its installations wholly or partly without permission to be photographed or drawings, sketches or other pictorial representations of it. Unofficial table of contents

§ 6

(1) In so far as it is necessary to achieve the purposes of the protection area, the owners of land within the protection area and the other beneficiaries shall, at the request of the competent authority, tolerate that:

1.

building, maintaining or eliminating construction and other installations,

2.

Forest or other growth is planted or eliminated.

(2) In the event of disposal or clearance of apartments, residents shall be granted an appropriate clearance period. Adequate other accommodation must be secured. Unofficial table of contents

§ 7

In the case of the measures allowed under this law, the maintenance and operation of the transport, communications and supply facilities, as well as the installations of the waste water management, the water and land management and the mining industry, must be secured. Institutions and institutions serving charitable, charitable or ecclesiastic purposes shall be taken into account in the application of this law. Unofficial table of contents

§ 8

Those who act without the authorisation in accordance with § 3 shall, at the request of the competent authority, restore the original condition.

Second section
Protected Area Authorities

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§ 9

(1) The Federal Minister of Defence shall declare the areas to be protected. (2) The remaining measures necessary under this law within the scope of protection shall be taken and monitored by the protected area authorities. (3) The Federal Office for Infrastructure, Environmental Protection and Services of the German Armed Forces (Bundeswehr) is the protection area authority. The Federal Minister of Defence can transfer tasks of the protected area authorities to the lower authorities of the Bundeswehr administration. Unofficial table of contents

§ 10

The representatives of the protected area authorities have the power to enter land belonging to the protection area or to be eligible for the declaration on the protection area. Dwellings may only be entered in urgent cases, if the desired success cannot be achieved in other ways. Unofficial table of contents

§ 11

The protection area authorities shall, on request, be provided with documents and plans which are necessary for the purpose of preparing the measures permitted under this Act.

Third Section
Compensation

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§ 12

(1) In the event of the effect of the effects under this Act, the owner or any other person entitled to an asset, the right to compensation shall be made in cash. In doing so, it is necessary to take into account the withdrawal of the use, damage or destruction of a case, with a fair consideration of the interests of the general public and of the parties concerned. In the case of lost profits and other assets which are not directly related to the withdrawal of use in a protected area, compensation shall be paid to the persons referred to in the first sentence; if and to the extent that this appears to be necessary for the purpose of wasting or compensating for unreasonable hardship. (2) In the event that they are not entitled to compensation as other beneficiaries under paragraph 1, those who are entitled to the action in their rights shall be entitled to the right to exercise their rights. , in accordance with the provisions of Articles 52 and 53 of the Introductory Act on Civil Law book dependent on the compensation of the owner. Unofficial table of contents

§ 13

(1) Compensation in accordance with § 12 shall not be paid, in so far as a person entitled to compensation as a result of the effects of the property has an asset benefit or he could reasonably have been able to draw it in the course of the due diligence. (2) As a result of the loss of assets a fault of the person entitled to compensation has been involved, § 254 of the Civil Code shall apply mutaficiently. Unofficial table of contents

§ 14

(1) If the compensation for the withdrawal or limitation of the use exists in a recurring service, it is generally to be paid on a quarterly basis. (2) Agreements on a one-time severance payment are permissible. Unofficial table of contents

§ 15

(1) If the owner of the property is not only temporarily unreasonably difficult to make use of the property by an action under this law, he may require the deprivation of the property on the property. Where these conditions apply only to a part of the land, the right to demand the withdrawal of the property shall be limited to that part, unless the remaining part is of no value or only a relatively small amount. (2) Other beneficiaries who are not only temporarily unreasonably impeded by the exercise of their rights may apply for the withdrawal of the right. Unofficial table of contents

§ 16

(1) The Federal Government is liable for payment. (2) Is a protected area established on the basis of the obligations of the Federal Government from intergovernmental treaties on the deployment and legal status of armed forces of foreign states in the Federal territory, shall be subject to the obligation to pay pursuant to these contracts without prejudice to Article 25 (4).

Fourth Section
Determination of compensation

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§ 17

The state governments determine the authorities who have to fix the compensation under this law (the law enforcement authorities) and regulate their responsibilities. Unofficial table of contents

§ 18

(1) Before fixing the compensation, the determining authority shall have an amicable agreement to try. (2) Participants shall be the payer and those concerned in their rights (entitled to compensation). The Federal Minister of Finance may appoint a representative of the financial interest for the fixing procedures. (3) An agreement is only legally effective if it is notarized in a notary. Unofficial table of contents

§ 19

(1) If an agreement is not reached, the Enforcement Authority shall determine the amount of the compensation after giving the parties the opportunity to submit its observations. (2) The written notice in which the Enforcement Authority shall make the decision shall be made. the payer and the payee are to be stated and have to contain a legal remedy. It shall be notified to the parties concerned. Unofficial table of contents

§ 20

(1) The document on the agreement pursuant to section 18 (3) shall be enforceable after service to the parties concerned. The notice of arrest in accordance with section 19 (2) shall be enforceable to the parties if it has become unquestionable for them or if the court has declared it provisionally enforceable. (2) Enforcement shall be governed by the provisions of civil procedure for the enforcement of judgments in civil litigation. The enforceable copy of the notice of detention shall be issued by the official of the office of the local court in whose district the property declared to be protected is situated, and, if the proceedings are pending before a court of law, of the Civil servants of the office of the Court of First Instance. In the cases of § § 731, 767 to 770, 785, 786, 791 of the Code of Civil Procedure, the district court, in whose district the property declared as a protected area is situated, enters the position of the court of proceedings. Unofficial table of contents

Section 21

(1) If, pursuant to this Act, compensation is not made within one month of agreement (§ 18) or (§ 19), in the case of recurring benefits not within one month from the date of the agreement or the fixing of the Due to the payment of maturity, it is to be galvanissed from this point in time to two of the hundreds above the respective base interest rate in accordance with § 247 of the Civil Code. This shall not apply to the extent to which the person entitled to compensation has a fault in the delay in payment. In so far as the person entitled to compensation has received advance payments, there is no obligation to pay interest. (2) The agreement or determination does not take place within three months after the announcement of the order (§ 2) or the after-payment of the compensation. , the interest referred to in paragraph 1 shall be payable from that date on the basis of the measures permitted under this Act (Section 9 (2)). Unofficial table of contents

Section 22

(1) The proceedings before the administrative authorities shall be free of charge. However, deposits may be imposed on the owner or any other person concerned in so far as he has caused them by gross negligence. (2) The costs incurred by the owner or any other person entitled to do so by the procedure shall be: shall be reimbursed if they were necessary for the appropriate exercise of his rights and if his application proves to be well founded. Unofficial table of contents

Section 23

(1) Payment entitlements established pursuant to this Act shall be subject to payment of payment in four years. The limitation period shall begin with the end of the year in which the claim is made. § § 202 to 225 of the Civil Code shall apply mutatily; the statement of action (Section 209 of the Civil Code) shall be the same as the position of the application with the Enforcement Authority. (2) The provisions relating to the loss of claims under Article 8 Paragraph 6 of the Financial Treaty shall remain unaffected.

Fifth Section
Legal remedies

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§ 24

(1) In the event of a notice of arrest, the person concerned shall be informed within two weeks of the notification of the appeal. (2) The supervisory authority shall decide on the appeal. (3) The decision on the complaint shall be the one on the To deliver those involved in the enforcement proceedings. Unofficial table of contents

Section 25

(1) Because of the fixing of the compensation, a party may bring an action within a period of two months from the date of notification of the appeal decision. (2) The action may also be brought if the determining authority is responsible for The Landgericht (Landgericht) has not taken a decision on a complaint within a period of six months. (3) The Landgericht (Landgericht) shall be responsible for the action without regard to the value of the subject-matter of the dispute. Responsible. The district court is solely responsible for the local court, in the district of which the property declared as a protected area lies. (4) Legal disputes concerning compensation for which the federal government does not require the federal government to pay the costs under intergovernmental contracts. (§ 16), the Federal Government has its own name in its own name to the extent that it is responsible for the fulfilment of the liabilities. (5) The claim of the person entitled to compensation is to pay the amount or additional amount required by the payer to pay the sum of the amounts required to pay the payment. , that the compensation should be repeal or amended by (6) The court may, at the request of the beneficiary, declare, in whole or in part, provisionally enforceable on the request of the person entitled to receive the compensation. The application may be decided in advance by decision; the decision shall not be countervailable. § § 711 to 720 of the Code of Civil Procedure shall be applied accordingly. (7) The time limit provided for in paragraph 1 shall be an emergency period within the meaning of the Civil Procedure Code. In the event of failure to meet the deadline of § 24, the reinstatment to the previous sentence 1 shall apply accordingly. Unofficial table of contents

Section 26

The administrative court order shall apply to the suspension of the administrative acts adopted by the protected area authorities.

Sixth Section
Final provisions

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§ 27

(1) Contrary to the law, those who intentionally or negligently act

1.

carry out an act in accordance with section 3 or section 5 (2) without authorisation,

2.

an enforceable arrangement in accordance with § 4 or § 5 (1) or

3.

disturbs an act which is to be tolerated in accordance with § 6 or § 10.

(2) The administrative offence may be punishable by a fine of up to five thousand euros. (3) Image equipment which has been or has been used for the commission or preparation of an administrative offence referred to in paragraph 1 (1) in conjunction with Section 5 (2). (4) Administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences, as well as photographs, drawings, sketches and other pictorial representations to which such an offence of regularity relates. is the protected area authority. Unofficial table of contents

§ 28

(1) Where land has been used or treated in such a way by the armed forces of the United Kingdom of Great Britain and Northern Ireland, the United States of America or the French Republic in respect of protection areas, the same shall apply in addition to the period specified in Article 48 of the Treaty on the rights and obligations of foreign armed forces and their members in the Federal Republic of Germany (troop contract) and in the laws to which they are subject to six Months after the entry into force of this Act as protection areas within the meaning of this Law. (2) The provisions of this law on compensation shall apply to the land referred to in paragraph 1 with effect from 5 May 1955 12 o'clock. Unofficial table of contents

§ 29

(1) The existence of restrictions on land property within the meaning of this Act on the basis of Article 48 (1) of the troop contract or of Article 13 of the First Part of the Treaty establishing the rules of war and occupation, or are the basis of the law , the compensation shall be treated as a protection area, with effect from 5 May 1955 12 o'clock in accordance with the provisions of this Act. In so far as the person entitled to compensation has so far been paid a higher current compensation than would be payable in accordance with § 12, the compensation shall continue to be granted at this level, but at the most up to the first mentioned in section 28 (1). (2) The time limit referred to in Article 21 (2) shall not expire before 1 January 1957 in the cases referred to in paragraph 1, provided that a reasonable payment of the deposit has been made until the entry into force of this law. Unofficial table of contents

§ 30

Deliveries by the administrative authorities shall be effected in accordance with the Administrative Appointing Act. Unofficial table of contents

Section 31

The Senate of the Free and Hanseatic City of Hamburg is authorized to take a regulation deviating from § 24 (1) and (2) by means of a decree law. Unofficial table of contents

Section 32

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§ 33

To the extent that the provisions of this law affect the fundamental right under Article 13 of the Basic Law, this fundamental right is restricted. Unofficial table of contents

Section 34

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§ 35

This law shall enter into force on the day after it is announced.