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11.18.6.2 Seizure of Private Property Susceptible to Direct Military Use. Allappliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for thetransport of persons or things, exclusive of cases governed by naval law, depots of arms, and,generally, all kinds of ammunition of war, may be seized, even if they belong to privateindividuals, but must be restored and compensation fixed when peace is made. 339Private property susceptible of direct military use includes cables, telephone andtelegraph facilities, radio, television, telecommunications and computer networks and equipment,motor vehicles, railways, railway plants, port facilities, ships in port, barges and other watercraft,airfields, aircraft, depots of arms (whether military or sporting), documents connected with theconflict, all varieties of military equipment (including that in the hands of manufacturers),component parts of, or material suitable only for use in, the foregoing, and, in general, all kindsof war material. 340If private property is seized on the grounds that is it susceptible to direct military use, areceipt should be given the owner, or a record made of the nature and quantity of the propertyand the name of the owner or person in possession of it, in order that restoration andcompensation may be made at the conclusion of the war. 34111.18.6.3 Private Real (Immovable) Property. Private real (immovable) propertymay under no circumstances be seized. It may, however, be requisitioned. 34211.18.6.4 Municipal, Religious, Charitable, and Cultural Property. The propertyof municipalities, that of institutions dedicated to religion, charity, and education, and the artsand sciences, even when State property, shall be treated as private property. All seizure of,and the invading enemy. It is not understood that in the operation of a penalty which may be imposed by a militarycommission or other tribunal with jurisdiction to try cases in occupied territory the private property of an individualmay not be taken. It is rather a taking without compensation—a taking which is not in conformity to the laws of warwhich is here made the subject of the express prohibition.”).339 HAGUE IV REG. art. 53 (“All appliances, whether on land, at sea, or in the air, adapted for the transmission ofnews, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and,generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must berestored and compensation fixed when peace is made.”).340 1956 FM 27-10 (Change No. 1 1976) 410a (“Seizure. The rule stated in the foregoing paragraph includeseverything susceptible of direct military use, such as cables, telephone and telegraph plants, radio, television, andtelecommunications equipment, motor vehicles, railways, railway plants, port facilities, ships in port, barges andother watercraft, airfields, aircraft, depots of arms, whether military or sporting, documents connected with the war,all varieties of military equipment, including that in the hands of manufacturers, component parts of or materialsuitable only for use in the foregoing, and in general all kinds of war material.”).341 See 1956 FM 27-10 (Change No. 1 1976) 409 (“If private property is seized in conformity with the precedingparagraph, a receipt therefor should be given the owner or a record made of the nature and quantity of the propertyand the name of the owner or person in possession in order that restoration and compensation may be made at theconclusion of the war.”).342 Refer to § 11.18.7 (Requisitions of Private Enemy Property).795

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