Law On The Restriction Of Real Estate For Military Defense

Original Language Title: Gesetz über die Beschränkung von Grundeigentum für die militärische Verteidigung

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Law on the restriction of land defence (protection area Act) SchBerG Ausfertigung date: 07.12.1956 full quotation: "protection law of area of where adjusted version in the Federal Law Gazette Part III, outline number 54-2, published, most recently by article 11 of the law of May 13, 2015 (BGBl. I p. 706) has been changed" stand: last modified by article 11 G v. 13.5.2015 I 706 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.7.1977 +++) validity Saarland cf. § 3 section VI No. 2 G v. 30.6.1959 101-3 first section areas of protection article 1 (1) a protection area is an area in which the use of land on the basis of special arrangement of the competent federal authority for purposes of the defense, in particular, to meet the obligations of the Federal Government from intergovernmental agreements on the stationing and status of armed forces of foreign States in the territory of the Federal , is limited in accordance with this Act.
(2) the scope of protection is used to protect and maintain the effectiveness of defenses.
(3) to an area to the area of protection is to be explained, the State Government is so listen, taking position after hearing the concerned municipality (Samtgemeinde) taking due account of the requirements of spatial planning, in particular the interests of urban planning and nature conservation and landscape management and the agricultural and economic interests to the project. The Defense Minister will differ according to this opinion, it shall inform the land Government concerned before taking a decision.
(4) a territory may be declared only for the scope of protection, if the desired protection scope success otherwise not or not timely or achieved only with disproportionate means can be.

An area is explained to the scope of protection by arrangement § 2 (1). It must contain a plan about the extent of the protection area. It is the owners of land in the area of protection and the other to use or to use this land as far as they are the competent authority known or shown in the land register entitled (other justified), as well as the in-kind legitimate, to announce or to disclose publicly in a local way. The plan about the extent of the protection conferred is the parties only insofar as they are affected to announce.
(2) the arrangement is limited to the necessary degree. It is to make and perform that avoidable losses would be none of the parties involved. The life needs of stakeholders must be ensured. Cultural heritage must not be endangered.
(3) the owner or owners are obliged on request of the competent authorities to give the name and address of all other known to them justified and any change in the property or in the possession.
(4) the competent authority has to examine whether the conditions of the arrangement are still at least every five years in accordance with the provisions of the article 1, par. 3 officio. Is the arrangement is not lifted, the decision is to establish and announce the parties.
(5) the arrangement should be repealed if the scope of protection is no longer needed for the purposes of paragraph 1. The lifting is to announce the participants.

§ 3 (1) who within the protective zones 1 structural or other equipment or devices above or below the Earth's surface build, change or eliminate, 2. change Islands, coasts, and waters, the floor design and land use other than agricultural use wants to change 3 in any other way, necessary approval. The permit must be refused only insofar as it is necessary to achieve the purpose of the protection area.
(2) exemptions from the permit requirement may be admitted.

§ 4 (1) as far as it is necessary to achieve the purpose of the protection area, the agricultural use of land located within the scope of protection may be limited.
(2) agricultural use is limited, should be taken into consideration on agricultural production.

§ 5 (1) for the land and waters of the scope of protection may, insofar as it is urgently necessary to achieve the purpose of the scope of protection, the use or common use be excluded or restricted.
(2) it is prohibited to photograph an area designated as a protected area or its assets fully or partially, without permission or to prepare drawings, sketches, or other pictorial representations of it.

§ 6 (1) as far as it is necessary to achieve the purpose of the scope of protection, have to put up with the owners of land within the scope of protection and the other beneficiaries at the request of the competent authority, that 1 building and other facilities be built, entertain, or removed, 2nd woodland or other nursery planted or eliminated is.
(2) the residents when removing or cleaning of apartments is an appropriate clearance period. Adequate alternative accommodation must be secured.

The maintenance and the operation of transport, message, and supply systems as well as systems of wastewater management, water and soil management and mining must remain secure § 7 if the measures are allowed under this Act. Facilities and institutions which serve charitable, non-profit or church purposes, consideration is in the application of this law to take.

§ 8 who without permission according to § 3 trades, must restore the original condition upon request by the competent authority.
Second section protection area authorities § 9 (1) the Federal Minister for defence declared the areas to protect areas.
(2) the remaining necessary within the areas of protection and permitted under this law measures are taken by the protection area authorities and monitored.
(3) protection area authority is the Federal Office of infrastructure, environmental protection and services of the Bundeswehr. The Federal Minister of defence may transfer to the lower authorities of the Federal defence administration tasks of the protection area authorities.

§ 10 that are responsible for the protection area authorities empowered to enter land belonging to the scope of protection or come to the protection area in consideration for the Declaration. Apartments may be entered only in urgent cases if cannot achieve the desired success in other ways.

§ 11 the protection area authorities are to leave existing documents and plans for inspection, that are necessary to prepare the measures permitted under this law.
Third section compensation § 12 (1) due to the owner or an other authorized financial disadvantages the effects under this Act, is to provide adequate compensation in money. This is extracted from use, to take into account the damage to or destruction of property fair considering the interests of the general public and the stakeholders. For loss of profit and other financial disadvantages which are not in direct connection with the withdrawal of the use of an object in the field of protection is to pay compensation to the persons referred to in sentence 1, if and insofar as expedient to prevent or to compensate for unreasonable hardship.
(2) in-kind beneficiaries who are affected by the influence of their rights are assigned in accordance with articles 52 and 53 of the introductory act to the civil code on the compensation of the owner, unless they are already compensated rather than other beneficiaries referred to in paragraph 1.

§ 13 (1) compensation is not paid according to § 12 an entitled to compensation as a result of the effects of adult financial benefits or he would pull this with due care in a reasonable manner.
(2) has a fault of the Indemnitees participated in the creation of financial disadvantage, § 254 of the German Civil Code shall apply mutatis mutandis.

Section 14 (1) if the compensation for the deprivation or limitation of use in a recurring capacity, is they typically every three months to pay.
(2) a one-time payment agreements are allowed.

§ 15 (1) is hampered the owner under this Act the economic use of land not only temporarily unreasonably exposure, he may demand the withdrawal of the ownership of the land. To meet these requirements only on a part of the property the right to demand the withdrawal of the property, unless it is so limited on this part, that the rest of him would have no or only a relatively low value.
(2) other legitimate, which not only temporarily unreasonably more difficult the exercise of their right may request the withdrawal of the right.

Section 16 (1) Zahlungspflichtig is the Federal Government.
(2) a protection area on the basis of the commitments of Federal intergovernmental agreements on the deployment and the legal status of armed forces of foreign States in the Federal territory is built, so the payment obligation depends on para fourth section 4 these contracts without prejudice to § 25 the State governments determine the authorities fixing the compensation section 17, to set the compensation on the basis of this Act (setting authorities), and govern their powers.

Section 18 has an amicable agreement to try the determining authority (1) before of fixing the compensation.
(2) involved are the debtor and who in their right persons concerned (Indemnitee). The Federal Minister of finance may appoint a representative of financial interest for the determination. This is more involved, if he does not waive participation.
(3) an agreement is only valid if it is notarized beurkundet.

Article 19 (1) be not concluded an agreement, so the setting authority shall set the amount of compensation, after giving the parties opportunity to submit its observations.
(2) set is by written opinion, in which the determining authority, the payer and the payee to be and which has to contain an appeal. He shall be notified to the parties.

Section 20 (1) the certificate of the agreement according to § 18 para 3 is enforceable after the notification to the parties. The determination notice is enforceable, pursuant to section 19 para 2 the Parties compared to if he has become final for them or the Court has declared it enforceable provisionally.
(2) the enforcement depends on the provisions of the civil procedure code on the enforcement of judgments in civil litigation. The engrossment of the determination decision is granted by the Registrar of the registry of the District Court in whose district the plot explained to the protection area is located, and if a court procedure is pending by the clerk of the clerk of this Court. In the cases of §§ 731, 767-770, 785, 786, 791 of the code of civil procedure is the District Court in whose district the plot explained to the protection area is located, in the place of the Court of process.

§ 21 (1) is paid within one month after agreement (sec. 18) or setting (section 19), with recurrent services within one month to maturity resulting from the agreement or fixing the compensation on the basis of this Act, it shall be payable on them from that point two per cent above the respective base interest rate according to § 247 of BGB (Bürgerliches Gesetzbuch) (civil law. This does not apply if a fault the party entitled to compensation of the delay of payment. As far as the indemnitee to the compensation received advance payments, eliminates the obligation to payment of interest on.
(2) the agreement or determination is made within three months after the announcement of the arrangement (section 2) or permitted under this law measures (§ 9 para 2), you are to pay the interest from this point on in paragraph 1.

Section 22 (1) the proceedings before the administrative authorities is free of charge. Expenses may be imposed but as far as the owner or an other person entitled, as he has caused by gross negligence.
(2) expenses incurred by the owner or an other person entitled by the procedure will be reimbursed if they were necessary for the adequate exercise of his rights, and his application proves to be well founded.

Section 23 (1) entitlements established under this Act shall expire in four years. The limitation period begins with the end of the year in which the claim arises. sections 202-225 of the Civil Code shall apply mutatis mutandis; the submission of the application to the determining authority is equivalent to the proceedings (article 209 of the Civil Code).
(2) the rules governing the loss of of claims under article 8, paragraph 6 of the financial contract remain unaffected.
Fifth section appeal section 24 (1) against the establishment permit is the parties within two weeks after receipt the appeal of the appeal to.
(2) the supervisory authority shall decide on the appeal.
(3) the decision on the appeal shall be to the parties involved in the method of determining.

Section 25 (1) ways of fixing the compensation a party may within a period of two months after notification of the decision of the appeal complaint charge.
(2) the action can also be brought if the fixing authority of a request for determination or the supervisory authority on an appeal has not taken a decision within a period of six months.
(3) of the complaint, the District Court without regard to the value of the subject-matter of the dispute is solely responsible. Locally, the District Court is exclusively responsible, in whose district the plot explained to the protection area is located.
(4) legal disputes concerning compensation for the intergovernmental treaties not the Federal Government requires payment (section 16), run by the Federal Government in its own name, as far as standing up for the fulfilment of the liabilities.
(5) the application of the party entitled to compensation is that the debtor to set, that the compensation under the repeal or amendment of the decision of fixing is set otherwise on payment of the required amount or excess amount.
(6) the Court can explain if he is obliged to compensate, enforceable the determination notice wholly or partly for provisional at the request of the person entitled. On the application can be decided by decision in advance; the decision is not subject to appeal. paragraphs 711-720 of the code of civil procedure shall apply accordingly.
(7) the period provided for in paragraph 1 is a period of grace within the meaning of the code of civil procedure. For failure of the period of § 24, set applies to the restitutio in integrum 1 according to.

Section 26 for appeals against the administrative acts issued by the protection area authorities applies the code of administrative court procedure.
Sixth section final provisions § 27 (1) is any person who intentionally or negligently an action according to § 3 or § 5 para 2 without permission makes 1, contravenes 2. an enforceable order according to article 4 or article 5, paragraph 1 or an act of mind 3., is to condone that article 6 or article 10.
(2) the offence can be punished with a fine up to five thousand euros.
(3) image devices, which are used in conjunction with § 5 paragraph 2 No. 1 or have been determined to the committing or preparing a misdemeanor referred to in paragraph 1, as well as photographs, drawings, sketches and other pictorial representations, such an offence refers can be withdrawn.
(4) administrative authority no. 1 of the code of administrative offences is the protection area authority in the sense of § 36 para 1.

Section 28 (1) are plots of land by the armed forces of the United Kingdom of Great Britain and Northern Ireland, the United States of America or the French Republic to claim protection areas exempted or treated in this way, shall apply this over in article 48 of the Treaty on the rights and obligations of foreign armed forces and their members in the Federal Republic of Germany (force Convention) and the laws implementing certain period beyond up to six months after the entry into force of this act as protection areas within the meaning This law.
(2) the provisions of this Act on the compensation shall apply to the land referred to in paragraph 1 with effect from May 5, 1955 at 12 o'clock.

Section 29 (1) consist of limitations of real estate within the meaning of this Act on the basis of article 48 para. 1 of the troop Treaty or article 13 of the first part of the treaty governing the war and occupation of any questions or land protection areas have been treated, is calculated the compensation for this purpose with effect from May 5, 1955 at 12 o'clock according to the provisions of this Act. If so far higher ongoing compensation has been paid the party entitled to compensation, as would be payable under section 12, is the compensation still this grant, but no longer than until the date referred to in article 28, paragraph 1.
(2) time limit running in § 21 para 2 in the cases of paragraph 1 before 1 January 1957, unless a reasonable advance payment is done until the entry into force of this Act.

§ Be effected by the administrative authorities pursuant to the Administrative Service Act 30 deliveries.

Article 31 which is the Senate of the free and Hanseatic City of Hamburg authorised by regulation section 24 para 1 and 2 derogation to meet one.

§ 32 - article 33 as far as the fundamental rights referred to in article 13 of the basic law is affected by the provisions of this Act, this fundamental right is restricted.

Article 34 and article 35 this law enters into force on the day after his announcement.

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