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However, such assessment must be made in good faith based on the information available at thetime. 30311.18.2.2 Temporary Possession for Direct Military Use. An Occupying Powermay always take temporary possession of enemy property (real or personal, and public orprivate) where required for direct military use in military operations. In the case of privateproperty, an Occupying Power, where possible, should requisition the property and offercompensation to the owner. 30411.18.2.3 Capture or Seizure and Vesting of Title in the Occupying Power. In thecase of real (immovable) property that is captured or seized, the Occupying Power may use suchproperty for the duration of the occupation but does not take title to the property. 305Public property captured or seized from the enemy, as well as private property validlycaptured on the battlefield and abandoned property, is the property of the capturing State. 306Valid capture or seizure of property requires both an intent to take such action and aphysical act of capture or seizure. The mere presence within occupied territory of property thatis subject to appropriation under international law does not operate to vest title thereto in theOccupying Power. 30711.18.2.4 Seizure or Destruction of Submarine Cables Connecting an OccupiedTerritory With a Neutral Territory. Submarine cables connecting an occupied territory with aneutral territory shall not be seized or destroyed except in the case of absolute necessity. Suchcables must likewise be restored and compensation fixed when peace is made. 308This rule applies only to activities on land and does not deal with seizure or destruction ofcables in the open sea. 309303 Refer to § 5.4.2 (Decisions Must Be Made in Good Faith and Based on Information Available at the Time).304 Refer to § 11.18.7 (Requisitions of Private Enemy Property).305 Refer to § 11.18.5.1 (Public Real (Immovable) Property Susceptible of Direct Military Use); § 11.18.5.2 (PublicReal (Immovable) Property That Is Essentially of a Non-Military Nature).306 1956 FM 27-10 (Change No. 1 1976) 396 (“Public property captured or seized from the enemy, as well asprivate property validly captured on the battlefield and abandoned property, is property of the United States (seeU.S. Const., Art. I, sec. 8, cl. 11), and failure to turn over such property to the proper authorities or disposal thereoffor personal profit is a violation of Article 103 of the Uniform Code of Military Justice.”). Refer to § 5.17.3.2(Ownership of Captured or Found Property on the Battlefield).307 1956 FM 27-10 (Change No. 1 1976) 395 (“Valid capture or seizure of property requires both an intent to takesuch action and a physical act of capture or seizure. The mere presence within occupied territory of property whichis subject to appropriation under international law does not operate to vest title thereto in the occupant.”).308 HAGUE IV REG. art. 54 (“Submarine cables connecting an occupied territory with a neutral territory shall not beseized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixedwhen peace is made.”).309 JAMES BROWN SCOTT, THE PROCEEDINGS OF THE HAGUE PEACE CONFERENCES: III THE CONFERENCE OF 190713 (1921) (“Mr. Louis Renault observes that this amendment has reference only to what takes place on land, without789