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owned. The Occupying Power may take those measures it deems necessary to ensure that noportion of the compensation paid on account of private interests accrues to the enemy State. 32111.18.4.3 Property of Unknown Ownership. If it is unknown whether certainproperty is public or private, it should be treated as public property until its ownership isascertained. 32211.18.5 Treatment of Enemy Public Property. In general, an Occupying Power maycapture or seize the real (immovable) and personal (movable) property of the occupied State anduse it for military operations or the administration of the occupied territory. No compensationneeds to be paid to the occupied State for the use or taking of such property.11.18.5.1 Public Real (Immovable) Property Susceptible of Direct Military Use.Real property of the occupied State that is of direct military use, such as forts, arsenals,dockyards, magazines, barracks, railways, bridges, piers, wharves, airfields, and other militaryfacilities, may remain in the hands of the Occupying Power until the close of the hostilities, andmay be destroyed or damaged by the Occupying Power, if it deems it necessary to militaryoperations. 32311.18.5.2 Public Real (Immovable) Property That Is Essentially of a Non-MilitaryNature. The Occupying Power shall be regarded only as administrator and usufructuary ofpublic buildings, real estate, forests, and agricultural estates belonging to the hostile State, andsituated in the occupied territory. It must safeguard the capital of these properties, andadminister them in accordance with the rules of usufruct. 324 This real (immovable) property thatis essentially of a non-military nature may not be damaged or destroyed unless such destructionis rendered absolutely necessary by military operations. 325321 1956 FM 27-10 (Change No. 1 1976) 394b (“If property which is appropriated by the occupant is beneficiallyowned in part by the State and in part by private interests, the occupation authorities should compensate the privateowners to the extent of their interest. Such compensation should bear the same relationship to the full compensationwhich would be paid if the property were entirely privately owned as their interest bears to the total value of theproperty concerned. The occupant may take what measures it deems necessary to assure that no portion of thecompensation paid on account of private interests accrues to the State.”).322 1956 FM 27-10 (Change No. 1 1976) 394c (“Property of Unknown Ownership. If it is unknown whether certainproperty is public or private, it should be treated as public property until its ownership is ascertained.”).323 1956 FM 27-10 (Change No. 1 1976) 401 (“Real property of a State which is of direct military use, such asforts, arsenals, dockyards, magazines, barracks, railways, bridges, piers, wharves, airfields, and other militaryfacilities, remains in the hands of the occupant until the close of the war, and may be destroyed or damaged, ifdeemed necessary to military operations.”).324 HAGUE IV REG. art. 55 (“The occupying State shall be regarded only as administrator and usufructuary of publicbuildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupiedcountry. It must safeguard the capital of these properties, and administer them in accordance with the rules ofusufruct.”).325 1956 FM 27-10 (Change No. 1 1976) 402 (“Real property of the enemy State which is essentially of a nonmilitarynature, such as public buildings and offices, land, forests, parks, farms, and mines, may not be damaged ordestroyed unless such destruction is rendered absolutely necessary by military operations (see Art. 63, GC; par. 393herein).”). Refer to § 11.18.2 (Seizure or Destruction of Property During Occupation – Application of the MilitaryNecessity Standard).792

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