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TM 5-300DEPARTMENT OF THE ARMY TECHNICAL MANUALDEPARTMENT OF THE ARMY TECHNICAL MANUAL

REAL ESTATE

OPERATIONSINOVERSEA

COMMANDS

HEADQUARTERS, DEPARTMENT OF THE ARMY

DECEMBER 1958


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*TM 5-300

TECHNICALMANUAL DEPARTMENT OF THE ARMY

No. 5-300

} HEADQUARTERS

WASHINGTON25, D.C. 10 December 1958

REAL ESTATE OPERATIONS IN OVERSEA COMMANDS

Paragraphs PageCHAPTER 1. GENERAL

Section I. Purpose, Scope, and Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3 2II. Responsibility for Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-10 2

III . Real Estate Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-12 4IV. International Agreements Affecting Real Estate . . . . . . . . . . . . . . . . . . . . 13-15 5

CHAPTER 2. ORGANIZATION AND PERSONNELSection I. Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-19 8

II. Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-25 10

CHAPTER 3. REAL ESTATE OPERATIONS IN HOSTILE AREASSection I. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26-28 13

II. Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29-32 13III. Conduct of Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33-34 14IV. Employment of Army Engineer Real Estate Teams . . . . . . . . . . . . . . . . . 35-39 15V. Specific Operations of AERE Teams . . . . . . . . . . . . . . . . . . . . . . . . . . . 40-43 17

VI. Real Estate Procedures in Occupied Areas . . . . . . . . . . . . . . . . . . . . . . . 44-52 18

CHAPTER 4. REAL ESTATE OPERATIONS IN FRIENDLY COUNTRIES

DURING HOSTIL ITIESSection I. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53-54 38II . Real Estate Operations in Invaded Countries . . . . . . . . . . . . . . . . . . . . . . 55-59 38

CHAPTER 5. PEACETIME REAL ESTATE OPERATIONS IN FRIENDLY COUNTRIES 60-77 86

CHAPTER 6. RECORDS AND REPORTSSection I. Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78-82 48

II. Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83-85 50

CHAPTER 7. CLAIMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86-90 52

APPENDIX References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 55

INDEX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 57


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CHAPTER 1

GENERAL

Section I. PURPOSE, SCOPE, AND DEFINITIONS

1. Purpose warehouses, rights-of-way and easements,

This manual provides a compilation of prin-ciples and procedures to assist commanders andtheir staffs in the acquisition, utilization, ad-ministration, and disposal of real estate andrelated property in oversea commands. It alsopresents guidance and suggested techniques forpersonnel responsible for real estate manage-ment in oversea areas not a part of the UnitedStates or its territories.

2. ScopeThis manual describes suggested methodsand procedures for the acquisition, manage-ment, utilization, and disposal of real estateand related property in oversea areas not a partof the United States or its territories, inaccordance with laws, treaties, agreements, andregulations. It describes the composition, re-sponsibilities, and duties of typical real estateorganizations and discusses inventory meth-ods, condition surveys, claims processing, andthe techniques of record keeping. Typical formswhich may be modified by oversea commanders

as required are illustrated. The duties andresponsibilities of commanders occupying orutilizing real estate also are discussed. estate for a term of years, revocable at will or

3. Definitions consideration of a return of rent.

For the purpose of this manual basic realestate terms are defined as follows: use in the land of another, such as rights of

a. Real Estate. Lands and interests therein; passage, rights-of-way for pipelines, electricleaseholds; buildings; improvements and ap- distribution lines, and other purposes not re-purtenances thereto, including piers, docks, quiring the execution of a lease agreement.

whether temporary or permanent; and im-provements permanently attached thereto.

b. Equipment in Place. Movable personalproperty consisting of

(1) Capital equipment consisting of itemswith a useful life of more than 1 yearand a value of $100 or more per item.

(2) Items of supply which do not meet thecriteria for capital equipment, butwhich cannot be classified as expend-able and have been fixed in place orattached to real property for specialpurposes.

c. Alterations. Additions, deletions, modifi-cations, or other changes made to adapt thepremises to a specific use. Alterations may addor detract from the value of the premises, de-pending upon the purpose for which the struc-ture was originally intended or employed orthe condition of the premises at the time oftaking.

d. Improvements. Additions, deletions, al-terations, or other changes which. tend to in-

crease the value of the property.e. Lease. A conveyance of interest in real

as otherwise provided in the instrument, in

f.Easement. An acquired privilege or right of

Section II. RESPONSIBILITY FOR REAL ESTATE

4. Chief of Engineers

The Chief of Engineers, by AR 405-10, as theDepartment of the Army staff officer re-sponsible for real estate functions, exercisesstaff supervision over Army real estate activi-

ties in oversea commands. He is responsiblefora. Providing technical advice and assistance,

as directed by the Headquarters, Department ofthe Army, or as required by oversea com-manders.


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b. Initiating and maintaining the record and record all real estate activities or direct thatreporting systems necessary to administer his such an office be established by the commanderresponsibilities in the oversea areas. assigned real estate responsibility.c. Issuing instructions and conducting in-

spections and staff visits to insure that oversea 7. Theater Army Commanderreal estate activities are conducted in accordance

with applicable directives, policies, andregulations.d. Reviewing oversea real estate data, includ-

ing estimates, justifications, records, and re-ports.

5. Oversea Commanders

Oversea commanders are responsible for rear areas only.a. Determining real estate requirements.b. Planning, executing, and analyzing real 8. Theater Engineer, Theater Logistics

estate operations in accordance with pertinent Officer, and Theater Armydirectives, policies and regulations.c. Preparing budget estimates and justifica-

tion, as directed.d. Preparing and submitting real estate re-

ports as directed.e. Conducting utilization inspections in ac-

cordance with. instructions and criteria fur-nished by the Chief of Engineers.f.Advising the Chief of Engineers concerning

utilization problems which require action atHeadquarters, Department of the Army level.g. Furnishing the Chief of Engineers with

copies of all intracommand directives pertainingto space utilization.

6. Theater Commander

a. The commander of a theater of operationsis responsible for all real estate activities withinthe theater (FM 110-10). He may delegate hisauthority to a designated deputy or to the theaterArmy, Navy, or Air Force commander.Normally, real estate responsibility will be dele-gated to the commander having the greatestrequirement. This responsibility may in turn beredelegated to subordinate commanders.b. The decision of the theater commander

concerning the conduct of real estate operations

provides the basis for all real estate planning,organization, and procedure. A single real estatepolicy for all the military services, Army,Navy, and Air Force, is essential to insurestandardization of operations and procedures.c.The theater commander may either estab-

lish a central real estate office to direct and

If the theater Army commander is assigned

responsibility for all real estate operations hemay redelegate this responsibility to the com-munications zone commander, to include suchreal estate support as may be required by com-bat commanders. If deemed desirable he mayretain control of real estate operations in thecombat zone, redelegating responsibility for

Judge Advocate

a. Theater Logistics Officer. Staff super-vision of real estate operations is a responsi-bility of the theater logistics officer (J4 or G4),who formulates real estate policies for con-sideration by the theater commander, dissemin-ates approved policies to the command, andsupervises their execution.b. Theater Engineer.

(1) The theater engineer is charged withthe operating function. His dutiesinclude(a)Furnishing technical real estate

guidance and advice to the theater

commander, his staff, and all echel-ons of the theater command.

(b)Recommending real estate policiesand operational procedures to thetheater logistics officer.

(c)After approval by the theater logis-tics officer, preparing,coordinating, distributing, andexercising staff supervision over theexecution of theater real estatedirectives.

(d)Acquiring, managing, disposing of,paying rents and damages for,

handling claims for, and preparingrecords and reports for real estateused within the theater.

(e)Maintaining the theater real estateoffice of record.

(f)Preparing long-range real estateplans for the theater.


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(g)Utilizing local real estate facilities service is responsible for real estate activities,tothe greatest extent possible, thus the theater Army judge advocate has theminimizing the need for new con- responsibility for the supervision of all legalstruction and reducing theater sup- advice on real estate operations within theply requirements. Army command and the assignment of and

(h)Exercising staff supervision over technical control over all civilian lawyers, judgethe real estate operations within the advocates and legal officers dealing with real

real estate divisions of subordinate estate operations within the Army command.commands.

(i )Preparing training directives and 9. Command Engineerssupervising schools for training realestate personnel.

(j )Insuring compliance with inter-national agreements and the laws ofland warfare relating to real estate.

(2) When the theater commander dele-gates real estate authority to thetheater Army commander, the dutiesenumerated in (1) above are per-formed by the theater Army engineer.When the commander of another serv-ice is responsible for real estate ac-tivities, the appropriate duties listed in(1) above are performed for the Armycommand by the theater Armyengineer.

c. Theater Army Judge Advocate. When theTheater Commander delegates real estate au-thority to the theater army commander, thetheater Army judge advocate has the responsi-bility for the furnishing of all legal advice tothe theater Army G4 and theater Army en-

gineer on real estate operations and the assign-ment of and technical control over all civilianlawyers and legal officers within the real estateoperation. When the commander of another

Engineers of commands below the theaterArmy engineer are responsible for furnishingtechnical real estate guidance to their com-manders, staffs, and subordinate echelons of thecommands. They are also responsible for suchother real estate duties as may be assigned orsubdelegated to them by the theater Armyengineer.

10. Army Engineer Real Estate TeamsArmy engineer real estate teams (AEREteams) are responsible to the theater Armyengineer for conducting real estate operationswithin their assigned areas in accordance withthe directives, instructions, and standing oper-ating procedures issued by higher headquarters.They are charged with

a.Acquiring, managing, and disposing of realestate.

b. Investigating, processing, and settling realestate claims.c. Conducting utilization inspections.

d. Recording, documenting, and preparingreports of real estate used, occupied, or held bythe Army within their assigned areas.

Section III. REAL ESTATE POLICIES

11. Objectives of The Real Estate Program d. To protect the United States and its allies

The efficient conduct of real estate activitiesdepends largely upon a command-wideappreciation of the objectives of the Army realestate program in oversea commands. Theseobjectives are:a. To acquire and administer real property

essential to the mission of the command.b. To insure compliance with international

agreements and the laws of land warfarerelating to real property. Real estate operations in oversea theaters ofc.To make recommendations for use, and to operations conform to the following general

acquire existing facilities in order to keep new principles which form the basis of Departmentconstruction to a minimum. of the Army policy:

against unjust and unreasonable claims andcharges for using, renting, or leasing real orpersonal property.e.To provide reasonable compensation to the

appropriate individual or agency for the use of

real property, except when such property islocated in a combat zone or in enemy territory.

12. Department of the Army Policy


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a. United States forces will adhere to the country, particularly when customprovisions of the Hague Convention (1907), the provides that military real estateGeneva Convention Relative to the Protection of requirements shall be handled by theCivilian Persons in Time of War (1949), the government, its subdivisions, or agen-Hague Convention Relative to the Protection of cies.Cultural Property in the Event of Armed

Conflict (1954), and FM 27-10, the Law ofLand Warfare.b. The real estate program will conform to

international agreements, United Nationsagreements, and all other agreements affectingthe United States, to include, without limitation,treaties, memoranda of understanding, lend-lease, reciprocal aid, military assistance, andcivil affairs agreements.c.When required, a fair and reasonable rental

will be paid for real estate used, occupied, andheld by the United States Army. Payment forthe occupation of lands will not be made to any

person or persons who are of enemy nationalityand who are hostile to the interests of the UnitedStates. Compensation will not be made for anyreal property located in the combat zone whichis lost, damaged, or destroyed as a result ofmilitary action.d. United States forces will give full force and

effect, consistent with military requirements,missions, and tactical operations, to

(1) The real estate laws of the country.(2) The real estate customs of the country,

including methods of determiningrental, appraisal, and so on.

(3) The military real estate acquisition anddisposal policies and procedures of the

e.United States forces will utilize existing

facilities to the maximum to minimize the needfor new construction and conserve time andUnited States resources and personnel.

f. Real estate acquisitions will be held to anabsolute minimum, consistent with militaryrequirements, to prevent disruption of the localeconomy. Joint utilization of the services will beencouraged and competitive bidding by theseservices will be prohibited. Unnecessary dupli-cation or overlapping of functions and operatingfacilities will be avoided. When practicable andeconomical, the combined real estate

requirements of all subordinate commands (fora particular function or a localized area) will beprovided by a single subordinate command oneither a common or cross-servicing basis.

g. Full use of local governmental agencieswill be made, whenever possible, in the acquisi-tion, disposal, collection of data for valuationappraisals, investigation of claims, and pre-paration of basic real estate records. Acquisitionof real estate in an oversea theater of operationswill be by lease or rental or both, where theproperty belongs to an ally and by requisition,

confiscation, or seizure where it belongs to theenemy.

Section IV. INTERNATIONAL AGREEMENTS AFFECTING REAL ESTATE

13. Mutual Security Agreements receiving (host) state and that adequate

a. Agreements between the United Statesand other countries providing for mutual se-curity measures are negotiated by the Depart-ment of State, with technical advice and guid-ance from agencies of the Department of

Defense. These agreements may be made be-tween groups of nations joined for mutualdefense (as the North Atlantic Treaty Organi-zation (NATO)) or between the United Statesand individual nations. Regardless of type, allsuch agreements are devised to insure that duerecognition is given to the sovereignty of the

protection is afforded to the United States as asovereign guest.b. The provisions of mutual security

agreements relating to real estate include suchstipulations as the following:

(1) Land areas and utilities connections,including access roads and rights-of--way, will be provided by the receivingstate without cost to the UnitedStates. Other expenses will be sharedin proportions established by agree-ment. Unless a specific contract pro-


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vides otherwise, the laws of the re- if the damage was caused by a memberceiving state will govern all real estate of the armed forces or a governmentrights and obligations. employee engaged in the performance

of his official duties.(2) Priorities, rates of consumption, andcharges to the United States forces forsuch services as electric power,

sewerage, water supply, communica-tion systems, and freight and personneltransportation by rail will be no morethan those established at the date of theagreement for the armed forces andother agencies of the receiving state,including corporations supported by thereceiving state.

When members of the United Nations par-(3) The United States forces are authorizedto utilize such roads, railways, andareas and to construct, develop, use,and operate such military andsupporting facilities as appropriateauthorities agree are necessary formutual security purposes. Permanentstructures erected by the United Statesforces will generally become theproperty of the receiving state uponproper compensation when theagreement is terminated.

(4) The United States will retain title toprefabricated buildings and structures,equipment, facilities, materials, andsupplies which it determines to beremovable and which have been

brought into or acquired in the receiv-ing state. This property will be freefrom all duties, inspections, and otherrestrictions and from all taxes. Therelocation, removal, or disposal of anyproperty by the United States forceswill be accomplished in such a way asto avoid damage to the land on which itis situated. When the agreement isterminated the United States will becompensated for the residual value, ifany, of installations developed by theUnited States under the agreement.

(5) The host state agrees to be responsiblefor all claims made against the UnitedStates Government by a third party inall cases concerning the ownership andutilization of land. Each governmentwaives all its claims against the otherfor damage to any property owned by it

(6) Agreements with individual nationsmay include a provision requiring the

parties to submit to the InternationalCourt of Justice, or to a mutually ac-ceptable arbitrator, questions concern-ing the interpretation of the agreementwhich cannot be resolved through theusual channels.

14. United Nations Agreements

ticipate in a military action against an aggressor,an agreement defining real estate responsibilitiesshould be effected with the nation that has beenattacked. This agreement includes provisions

that establisha.The type and amount of real estate support

that will be provided by the nation receivingmilitary assistance from the United Nations andthe fundamental policies that will govern realestate operations.b.The method of funding payment for the use

and occupancy of real estate and for thesettlement of claims. Real estate may be pro-vided by the assisted country without cost, orpayment may be made by the United Nationsexecutive or agency by proration among all

members of the United Nations or by refundsfrom individual members.

15. Unilateral Policy Statement

The United States may become engaged inhostilities in a friendly country that is not partyto any United Nations or United Statesagreement concerning real estate. To providefor immediate requirements, the commander ofthe United States forces may issue a statementcovering the real estate policies and proceduresthat will be observed by his command. He thennegotiates for a bilateral agreement with the

country being assisted. His statement of policymay contain provisions concerninga. Method of processing real estate.b. Liability for the use by United States forces

of(1) Enemy military-owned, occupied, or

requisitioned real estate.


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(2) Real estate owned by the central gov- (5) Public utilities and transportationernment and its political subdivisions systems, both private and government-(equivalent to states, counties, town- owned.ships, cities, towns, or villages). (6) Schools, churches, hospitals, and simi-

(3) Private property. lar institutional property.(4) Property owned by foreign nationals (7) Historical monuments or memorials,

(enemy, enemy-allied, United States- shrines, or art treasures.allied, neutrals).


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CHAPTER 2

ORGANIZATION AND PERSONNEL

Section I. ORGANIZATION

16. Theater Real Estate Office 17. Army Engineer Real Estate Division

a. Upon assignment of real estate responsi- a. The theater Army engineer real estatebility to the theater Army commander, the division should be organized to meet the opera-theater Army engineer establishes a theater real tional requirements for real estate planning, ac-estate office. A guide to the establishment of quisition, management, utilization, disposal,this office is contained in paragraph 17. documentation, reports, and claims. A sug-

gested organization is shown in figure 1.b. Matters of policy and procedure are co-

ordinated among all the services. Unless theaterpolicies prescribe otherwise, the following gen-

eral principles should apply:(1) All acquisition and disposal of real

estate within the theater are directed bythe theater real estate office.

(2) The theater real estate officer main-tains an office of record for allservices. Copies of all acquisition, dis-posal, utilization, claims, and investi-gation documents are forwarded to thisoffice.

(3) Management and utilization of logis-tical installations and areas remainunder the control of the responsibleservice command.

(4) Command real estate inspections aremade as required to insure compliancewith theater real estate policies anddirectives.

(5) Proposed releases of property are sub-mitted to the theater real estate officefor review and possible reallocation ofthe property concerned to anotherservice.

(6) Interservice competition for a par-ticular property which cannot be re-solved by the theater real estate officeis submitted to the theater logisticsofficer (J 4 or G4) for a decision by thetheater commander.

b. When the theater Army engineer is givenresponsibility for the real estate operations of allservices, the organization shown in figure 1 is

expanded as required. This does not require anexcessively large increase in personnel. TheNavy and Air Force headquarters prepare thenecessary documents for their transactions,forwarding the documents to the Army realestate division for approval, acquisition, andprocessing.

18. Communications Zone Real Estate

Office

a. The theater commander may assign re-sponsibility for all theater real estate opera-

tions to the commander of the communicationszone. When this is done, the commander of thecommunications zone relieves the combat com-mander from all real estate duties, handles realestate acquisitions, and supplies such other realestate support within the combat zone as may berequested or required. Responsibility foroperations is delegated to the staff engineer ofthe communications zone. The organizationshown in figure 1 is also suitable for the realestate branch of the communications zone en-gineers office.b. Tactical considerations or the forward

movement of logistic installations may result inthe location of depots, hospitals, and similarfacilities in the rear portion of the combat zone.Since this area later will become part of thetheater communications zone, theater directivesor agreements should authorize the commanderof the communications zone to conduct real


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estate operations in the rear portions of the cated within the theater in relation to strategical-combat zone. Among the primary duties of real logistical real estate requirements. Since teamsestate personnel operating in combat zone areas of all sizes are needed, a basic team is formedis the conduct of reconnaissance to locate and that may be expanded to meet work-loadreport suitable unit and installation facilities requirements by adding military or indigenouswhich will be required in a future occupation of personnel. Figure 2 illustrates a suitablethe area. organizational structure for an Army real estate

19. Army Engineer Real Estate Team table of distribution.

a. The Army engineer real estate team(AERE team) is responsible for real estate

operations within an assigned geographical area,subject to directives and instructions from itsparent headquarters. The preparation of basicarea real estate records of acquisition, use, anddisposal is the primary responsibility of thisfield unit.b. The AERE team is a detached unit, lo-

team, to be manned according to an appropriate

c.AERE teams are numbered in sequence and

identified by the name of the headquarters towhich they are assigned, as "...........th (d)Army, THEATER ARMY ENGINEER REALESTATE TEAM NR. 6." If there is only onefield army in the theater, the headquarters isindicated by the designation of the appropriatecorps, division, or other unit.


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Section II. PERSONNEL

20. General operations cannot be reduced to a mathematical

a. Qualified officers and enlisted men aremade available to the engineer with theater orArmy real estate responsibility in order for him

to handle his real estate duties properly. Anadequate number of competent personnel areassigned to real estate duties at the start of theplanning phase and retained in such assignmentsuntil the need for real estate specialists nolonger exists.

b. In any military operation, the utilization ofreal estate and property is one of the mainpoints of contact between the armed forces andthe civilian community. If too few officers andenlisted men are provided for real estate opera-tions, if they are not qualified, or if close co-

ordination is not maintained with CAMG units,the loss in civilian goodwill may offset any per-sonnel economies that are achieved. Improperhandling will result in unwarranted monetaryloss to the United States Government, unneces-sary friction, bad public relations, and embar-rassment to the commander.

21. Personnel Requirements

a. Personnel requirements for real estate

formula. Conditions in different theaters neverwill be identical, and experience gained in onetheater provides only a general guide for

determining the personnel that may be requiredelsewhere.

b.Personnel requirements in friendly or alliedcountries are influenced by

(1) United Nations or United Statesagreements which may provide that thehost country will furnish necessary realestate.

(2) The status of central and depart-mentalgovernment within an area to beliberated and the time required toreestablish local government.

(3) The geographical organization of thegovernment, which may indicateeither a large number of small AEREteams or a smaller number of rein-forced teams operating within sub-divisions of the government.

(4) The plans of the campaign and thescheduled or phased development ofsections (base, intermediate) within


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the communications zone or equivalent (6) Supervising the preparation of realcommand. estate reports and records.

(5) The industrial development of thecountry.

(6) The degree of agricultural development

and land utilization, compared with theknown military requirements for realestate. This will serve as a guide to theextent of negotiations that will be theater of operations.required and the number of personnelnecessary to conduct operations.

(7) Defensive dispersion against enemymass-destruction weapons. national agreements affecting real estate

within the countries of the theater.(8) The availability of indigenous inter-

preters, typists, clerks, draftsmen,drivers, and so on, to replace enlistedpersonnel.

c. In hostile territory, the theater plan forbuildup within the communications zone orequivalent command will determine the size ofthe real estate organization that will be required.Requirements for AERE teams depend upon thesize of the area within which freedom fromcombat can be assumed.

22. Real Estate Officers

a. The general duties of a real estate officerconcern the programming, planning, budgeting,and supervision of real estate operations. Speci-

fic duties include(1) Securing licenses (trespass rights),

easements, leases, or purchase agree-ments.

(2) Directing processes for seizure, re-quisition, or rental of real property inliberated or occupied countries.

(3) Inspecting and appraising real prop-erty to determine valuation for leaserentals, easements, trespass rights, orpurchase.

(4) Examining buildings and structures todetermine adequacy for military use,extent of damage, and repairsrequired.

(5) Inspecting real property before andafter military use to determine thevalidity and extent of claims.

(7) Preparing estimates of real estate re-quirements in military operations.

b. In addition to the duties stated above, realestate personnel must also be familiar with

(1) Military standards of accommodation.

(2) Military requirements for property in a

(3) Civil affairs and military governmentprocedures.

(4) The laws of land warfare and inter-

c. Officers without previous real estate ex-perience may be assigned as utilization inspect-ors or to records and reports sections. When

available, qualified Department of the Armycivilians may be substituted for military per-sonnel.

23. Enlisted Personnel

a. Enlisted personnel of all grades and serv-ices may be assigned to key real estate positionswithin engineer staffs and to AERE teams. Theyshould possess military or civilian quali-fications, experience, and training similar tothat required for real estate officers.

b. Enlisted interpreters must be selectedcarefully, since they serve as the voice of thereal estate officer in all negotiations with of-ficials of the country. They should be able tospeak English and the appropriate foreignlanguage idiomatically and without an objec-tionable accent. Whenever possible, interpretersare given a course in real estate operations, toqualify them to fill key real estate positions asoutlined in paragraph 22.

c.Competent clerk-typists are a primary per-sonnel requirement because of the large volumeof correspondence, directives, and reportsprocessed by real estate agencies. Department of

the Army civilians, United States citizens resid-ing in the country, and indigenous personnelmay be used to staff the real estate offices andteams. In combat or occupied areas, indigenouspersonnel are only used when authorized by thetheater commander and then only in nonsensi-tive positions.


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24. Indigenous Personnel the office may be substituted for formal class-

English-speaking indigenous personnel may beemployed, subject to the restrictions stated inparagraph 23c, to handle an increased work- practical knowledge of theater real estate policy,load or to reduce the number of enlisted persons operations, forms, and methods. Emphasis isrequired. With qualified enlisted or Department placed upon practical problems based upon

of the Army civilian supervisors, indigenous situations normally met in operations. Theemployees may be utilized as following subjects should be covered:a. Inventory clerks (real and personal

property).b. Clerk-typists.c. Space surveyors (for space-utilization

inspections).d. Draftsmen.e. Statisticians.f. File clerks.g. Vehicle drivers.h. Interpreters.i .Janitors.

j.Mess and housekeeping personnel.

25. Engineer Real Estate Course

a.The engineer of the command charged with (9) Real estate forms, records, and reports.theater or Army real estate responsibility (10) The real estate office of record.normally establishes an engineer real estate (11) CAMG relations.course to train personnel for real estate opera-tions at staff and field levels. This course maybe conducted at a location near the theater- orArmy real estate office, with personnel of thatoffice serving as instructors in addition to theirnormal duties, or if the number of trainees is

small, on-the-job training within the branches of

room instruction.

b. Instruction is designed to give trainees

(1) Basic real property law.(2) Laws of land warfare and international

law affecting real estate.(3) Real estate command structure within

the theater.(4) Theater real estate policy and opera-

tional directives.(5) Operations of the real estate staff and

AERE teams.(6) Real estate Jaws and customs of coun-

tries within the theater.(7) Real estate claims procedures.(8) Real estate appraisal principles and

methods.

c. Field courses for both military and keyindigenous personnel should be conducted atlocations accessible to the personnel of AEREteams and other real estate field agencies. In-structors are furnished by the theater or Armyreal estate office.


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CHAPTER 3

REAL ESTATE OPERATIONS IN HOSTILE AREAS

Section I. GENERAL

26. Delineation of Combat Zone 28. Local Law and Customs

The geographical limits of the combat zone So far as consistent with the best interests ofare determined by the theater commander. the United States Government the local realCarefully marked maps showing the combat estate laws and customs of a hostile country arezone boundaries are kept on file in the Army or observed. Every effort must be made to protecttheater real estate office. They are essential in and hold free from damage all property, realthe adjustment of future claims. and personal, used by or under the control of

27. Property Rights will create good will among the civilian popula-The property rights of public and private

owners in hostile territory are discussed in FM27-10.

the United States forces. Care in this particular

tion, facilitate the police and control of occupiedareas, and save the United States Government

vast sums of money for damages.

Section II. PLANNING

29. General commander. The agency that will handle theatera. Plans for real estate operations conform

to(1) Directives or instructions issued to the

theater commander by the Joint Chiefsof Staff or by the service commanderappointed executive agent for the Joint

Chiefs of Staff.(2) Policies established by decisions of thetheater commander.

b. In addition to formulating plans for realestate operations during actual hostilities,planning agencies also develop tentative plans tobe followed during the occupation period whenactive combat has ceased and for use after atreaty of peace has been concluded.

30. Planning Group

a.Planning for real estate operations must be services for logistical installations to beinitiated early in the preparatory phases of a established in the communications zone or

campaign by a planning group that includes similar support area. Under the generalrepresentatives of all service commanders, in- supervision of J4, the board may include repre-terested technical services, the theater J5 or G5, sentatives of J1, J2, J3, J5 (CAMG) and in-and the responsible CAMG officer. Planning is terested technical service officers of the theaterdirected by the theater J4 or G4 and supervised staff, as well as appropriate representatives ofby the engineer of the service that has been the Army, Navy, and Air Force. The boardgiven real estate responsibility by the theater allocates areas among the services and develops

real estate operations when the campaign beginsis organized at this time and should participatein all planning activities.b. If officers possessing the necessary quali-

fications to conduct real estate planning are notavailable, qualified civilians specialists are made

available from the Office of the Chief of En-gineers on a temporary duty status. Militarylegal officers and civilian lawyers familiar withthe laws of countries within the theater ofoperations are made available to the planninggroup for consultation and for technical reviewof proposed real estate policies and procedures.c.If time permits the theater commander will

organize a real estate allocation board within hisheadquarters prior to an invasion. The primarymission of this board is to assign locations to the


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a master map. Copies of this map are furnished (5) Real estate mission (acquisition, man-to each service and used as a guide in the loca- agement, utilization, and disposal).tion of support installations. (6) United States Government policies.

31. Policy Directive of land warfare.a. The first mission of the planning group is

to formulate a theater real estate policy thatincorporates firm principles concerning(1) The utilization of state, municipal, and

privately owned real estate within thehostile territory.

(2) The payment or nonpayment of rental.(3) The documentation that will be required

for the use and occupancy of realestate.

(4) The documentation and adjustment ofreal estate claims. a.The theater policy directive is implemented

(5) The extent to which commanders can by an operations directive that usually is issueddelegate their real estate responsibility as a standing operating procedure. It provides aand authority. guide for the actions and responsibilities of real

(6) The real estate responsibilities of the estate officers in lower echelons.Army, Navy, and Air Force com- b. The operations directive includes instruc-manders. tions concerning

b. When the details of real estate policy have (1) Functions of the theater real estatebeen established, they are submitted to the office.theater logistics officer (J4 or G4) for approval (2) Procedures for the acquisition, alloca-by the theater commander. When approved, the tion, utilization, management, and dis-policy is published in a directive issued by the posal of real estate.theater headquarters in the form of a letter, (3) Required records and reports.standing operating procedure, or command (4) Claims procedures.regulation. No standard form is prescribed, but (5) Personnel administration (acquisition,

the policy directive usually includes paragraphs management, training, utilization ofcontaining information about the following: indigenous personnel).(1) References. (6) Operations of field real estate agencies,(2) Purpose of the directive. including AERE teams (responsibilities,(3) Definitions. attachment, logistical support,(4) Authority and responsibility of desig- channels, and restrictions).

nated subordinate commanders, with (7) Coordination with G5 and CAMGthe extent of permissible delegation units.indicated.

(7) Applicable real property laws and laws

(8) Areas of responsibility for real estate

operations.(9) Relations with CAMG units and localgovernment agencies, to include thoselocal government agencies establishedby the military governor.

(10) Claims administration. (11) Procedure for obtaining further policy

decisions and resolving conflicts.

32. Operations Directive

Section III. CONDUCT OF OPERATIONS

33. Theater Real Estate Office corrections and changes in procedures that will

a. The theater real estate office should beestablished, manned, and prepared to direct realestate operations prior to the entry of UnitedStates forces into hostile territory. When thefirst AERE teams begin operating in their areas,the office maintains particularly close liaisonwith the teams to determine any necessary

facilitate subsequent real estate activities.b.The theater real estate office of record is an

integral part of the theater real estate office.Central filing of all records provides uniformityand convenient reference, as well as insuringthat records will be preserved for the settlementof future claims.


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34. Acquisition of Property by ordinary military wear and tear.a. In the active combat zone, real estate re-

quired by the United States forces is acquired byseizure or requisition, without formal docu-mentation. Seizure is resorted to only whenjustified by urgent military necessity and only

with the approval of the commander having arearesponsibility.b. Normally, property is obtained through

requisition, which is a demand upon the ownerof the property or his representative. No rent orother compensation is paid for requisitioned orseized property in the combat zone for its use orfor damage resulting from acts of war or caused

c.Outside the active combat zone, property isacquired only by requisition, and all trans-actions are documented thoroughly under theapplicable provisions of theater directives.Large amounts of real estate are required for

ports, staging areas, training and maneuverareas, leave centers, supply depots, and head-quarters installations. Included is property thatis highly developed and of considerable value tothe civilian population. Procedures are followedwhich will provide the property required whileinsuring that the legal rights of owners areprotected.

Section IV. EMPLOYMENT OF ARMY ENGINEER REAL ESTATE TEAMS

35. General government for its assigned area.a.The theater real estate policy directive will

indicate whether Army engineer real estate tens mander, AERE teams may occupy their as-are to be employed for all services within the signed stations in the combat zone, in anticipa-theater, or only to handle Army real estate tion of the area becoming a part of thestages of development of a theater of operational communications zone at an early date. AEREcontrol are exercised by the engineer of the teams operating in forward areas relieve combatcommand that has been charged with real estate commanders from administrative duties relatingresponsibility. to real estate and establish effective liaison with

civilian agencies.b. AERE teams are essential in the initialstages of development of a theater of operations.The need for these teams diminishes wheneverany of the following occur The development of real estate operations in a

theater and the corresponding effects upon(1) The theater becomes static due to acease-fire, the cessation of hostilities.or an armistice.

(2) There is a phased reestablishment of thecentral, departmental, or local gov-ernment of the country. of the communications zone has been estab-

(3) The gradual withdrawal of United lished, civil government is being reconstitutedStates Army forces from the area takes by CAMG units, and a large-scale logisticalplace. buildup is in process to provide for both the

(4) Static facilities and areas are established immediate needs of the theater and the futurefor United States installations, to be requirements of occupation forces. AERE teamsused by occupation or security forces. handle the majority of real estate transactions

(5) A theater, command, or area post en- conducted within the theater. Teams familiargineer structure is established. with base plans should secure sites forcontemplated logistical installations. Early ac-c.AERE teams act as field representatives of

the real estate office. Each team is assigned anarea of responsibility corresponding to an ap-propriate geographical subdivision of the coun-try. The team is stationed at the seat of the

d. With the approval of the field army com-

36. Progressive Phases of Team Operations

AERE team activities, may be considered asadvancing through four general phases, asfollows:a. Phase I. In this phase, an advance section

quisition of suitable sites will prevent later dis-ruption of the local population by eviction,relocation, and the piecemeal acquisition of landand buildings.


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b. Phase II . At this time, local law and order leaves a portion of the displacing teamand civil government are being established with to assist the new team, while thethe theater communications zone or equivalent remainder, reinforced by replacementcommand. Civil government agencies become personnel, moves to the new area. Inincreasingly capable of conducting real estate this way, experienced personnel areoperations, relieving the AERE teams of the provided to insure continuity of opera-

burden of documentation. The teams are largely tions.occupied with making joint inventories of realestate occupied by United States forces.c.Phase II I. In this phase, local and depart-

mental governments are fully established and where stable installations areare performing their real estate functions. established and real estate operations onAERE teams are handling the acquisition of a large scale are conducted within aeasements, rights-of-way, and additional prop- relatively limited area.erty; utilization inspections; disposals; claimsinvestigations, reports, and negotiations forsettlement within the limits of their delegatedauthority; and the payment of rentals if re-quired. Toward the latter part of this period,theater base planning is approaching comple-tion, and the military population of the theaterusually has reached its height. Theater logisticalstocks are also at their maximum levels.Preparations are being made for withdrawal,and the locations of the occupation or securityforces that will remain are being determined.Indigenous military requirements for real estatemay be superimposed upon the requirements ofthe United States forces, affecting the disposalprogram and plans for establishing permanentbases.

d. Phase IV. The final phase of real estatedevelopment is marked by the establishment ofproperty accountability by theater directive andthe establishment of post engineer real estatestaffs in all stabilized areas within the theater.AERE teams no longer are necessary where thepost engineer organization is functioning.Initially, key members of the teams should beattached temporarily to the post engineer staffsto transfer area real estate records and to advisestaff members about real estate directives,procedures, and problems peculiar to the area.Personnel of the AERE teams may be

transferred to post engineer staffs to provide anucleus of trained real estate personnel.

37. Methods of Employing Teams

a. The theater or Army real estate officer mayemploy the AERE teams in the following ways:

(1) Partial replacement. This method

(2) Permanent location. Teams may beassigned to permanent locations. This isdesirable in areas such as base sections,

b.The partial replacement method is generallymost suitable. since it offers the followingadvantages:

(1) Provides continuity of policies and

procedures.(2) Makes possible the most effective useof indigenous or displaced personnel,reducing requirements for militarypersonnel.

(3) Facilitates the training of replacementpersonnel.

38. Channels

a. Command.

(1) Theater directives establish the com-mand channels to be used in conduct-

ing real estate operations. Thereshould be a clear definition of the au-thority to be exercised by area com-manders over priorities of allocation,resolution of conflicts between serv-ices, determination of utilization andjoint utilization, and decisions affect-ing property disposal. Orders assign-ing an AERE team to an area shouldadvise the area commander as to thecommand status of the team and theextent of administrative and logisticalsupport that the commander will pro-vide.

(2) All local command conflicts regardingthe interpretation of directives, au-thority, procedures, and policies arereferred by the AERE teams to the realestate officer of their parent head-quarters.


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b. Technical. AERE teams utilize a direct defined limits. This permits him to arrange forchannel to the theater or Army engineer office local services, including necessary alterationsfor all matters dealing with real estate opera- and repairs, which do not warrant thetions. assignment of United States construction or

39. Procurement Authority require cash payments, he should be authorized

The officer in charge of the AERE teamshould be granted procurement authority within

maintenance personnel. If theater directives

to secure funds from the nearest military financecenter.

Section V. SPECIFIC OPERATIONS OF AERE TEAMS

40. Initial Actions

Upon arrival at his assigned location, the As soon as practicable after arriving in a newofficer in charge of an AERE team takes the area, the team commander initiates a survey offollowing initial actions: available real estate that is suitable for the usea. Reports his arrival to his parent head- of United States forces. He submits a report of

quarters, furnishing the name of a military unit his findings to the theater real estate office,through which he can receive messages. giving complete information about the areab. If attached to a military headquarters in the facilities for housing, hospitals, head-quarters,

area, reports to it, advising the unit of his warehouses, supply depots, and special purposelocation and personnel and establishing liaison installations. This survey may also include otherwith the general staff sections, particularly with data requested by higher headquarters, such asG4 personnel responsible for command real an estimate of the local labor and engineerestate. The signal officer should be requested to material resources. CAMG agencies also gatherprovide telecommunication facilities capable of information of this character, and access to theirreaching the parent headquarters of the team. records will be of great assistance. StandardizedAuthority to draw rations should be arranged * forms such as the Housing Installations Reportwith the command quartermaster. format shown in figure 3 may be utilized toc.Visits the local headquarters of the CAMG transmit this information. The instructions for

unit, CIC, CID, and other United States agen- filling out this form are as follows:cies in the area. A close working agreement a. Column (1). Reference Number. Numberwith the local CAMG unit is essential to insure each entry in the report consecutively for eachproper division of responsibilities for real es- Township.tate. All United States units in the area should b. Column (2). Name of Accommodation. Listbe informed of the duties and responsibilities of separately each static installation that will housethe team so that their cooperation may be as- 100 or more persons, and hutted camps andsured in subsequent real estate operations. blocks of houses that will house 200 or more

persons. Give street address or name on blocks41. Local Officialsa.The team commander should visit the head

of the local government shortly after arrival inthe area and explain the duties, functions, andresponsibilities of the team. Local real estateprocurement officials should also be briefedconcerning their procurement functions for theteam.b. If the area formerly was occupied by

enemy military units, local officials are directedto provide a list of the property used by theseforces. This list indicates properties that can beutilized for similar purposes by United Statesmilitary units.

42. Facilities Survey

of houses.c. Column (3). Map Coordinates. Indicate a

six-figure map reference for each installationlisted in column (2).d. Column (4). Town or Nearest Town. Enter

the name of the town in which the accom-

modation is located or the nearest town thereto.Use only those town or place names used on theauthorized military maps.e. Column (5). Type. Indicate the type of

* The type form, appearing in this manual are not necessarilystandardized forms but are subject to modification by overseacommanders to be more effective and adequate to their particular needs.


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installations listed in column (2) by using the to rehabilitation that would be necessary toappropriate key listed below: place property in a suitable condition.

(1) Type A. Permanent type of militarybarracks, capacity of 100 or more 43. Displacementpersons.

(2) Type B. Hotel, school, or similar build-

ing suitable as quarters, capacity of 100or more persons.(3) Type C. Completely hutted camps,

capacity of 200 or more persons.(4) Type D. Blocks of private houses and

other small private installations with acapacity of 200 or more persons.

f. Column (6). Capacity. Indicate the numberof persons that camp, installation, etc., willaccommodate. Capacities will not be reportedseparately for officers and enlisted men. Stand-ard scale prescribes a total of 65 square feet perperson, which includes sleeping space plus

space for kitchen, messhalls, recreation, of-ficers, etc.g. Column (7). Present Occupants or Use. If

installation is used for housing, indicate type ofoccupants by use of key below; other thanhousing, indicate present use as factory,warehouse, etc., as case may be:

UST --U.S. troopsPW --Prisoners of warRAMP --Recovered allied military personnelDP --Displaced personsCIV --Civilians

h. Column (8). Condition. Indicate conditionas good, average, or poor.i. Column (9). Utilities. Indicate whether

electricity, water, and sewage are available tomeet established scales. Indicate availability ofwater by W; electricity, E; sewage, S.j. Column (10). Remarks. Enter any additionalinformation of value concerning theaccommodations listed, particularly with respect

a. When an AERE teamdisplaces to a newlocation, adequate records and information are

furnished to the incoming team or to the unitthat is assuming real estate responsibility for thearea. A joint reconnaissance of real estate heldby United States forces within the area shouldbe made by the old and new commanders.b.The incoming commander is provided with

a comprehensive summary of team activitiesthat includes

(1) The names, addresses, and duties of allkey civilian officials and of non-officialpersons (appraisers, lawyers, brokers,etc.), who have proved helpful in realestate matters.

(2) An overlay of the area of responsi-bility, showing the location of propertyunder jurisdiction of the team.

(3) A brief descriptive statement aboutthe real estate situation in general, in-cluding the status of activities in pro-cess and additional activities whichare to be undertaken in the nearfuture.

(4) Information concerning payment andother details of arrangements made forquarters, civilian employees, etc.

(5) The status of any outstanding obliga-tions.c.A complete file of current orders, standing

operating procedures, and checklists is fur-nished.d. The location and status of all records are

explained. A receipt for all records and equip-ment which he leaves behind is obtained by theoutgoing team commander.

Section VI. REAL ESTATE PROCEDURES IN OCCUPIED AREAS

44. Local Government Functions (1) Locating suitable facil it ies. Since theya. Real Estate Operations. The government

officials of an occupied area are required by thelaws of land warfare to provide facilities for theoccupying military forces. Local governmentagencies are utilized for the following purposes:

possess a detailed knowledge of thearea, local government officials usuallycan suggest readily available proper-ties that will meet military require-ments. If the suggested property isnot suitable, officials are directed to


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provide acceptable facilities promptly. 45. AllocationIf they fail to do so, property is re-quisitioned directly from the owners.

(2) Eviction. Local government officialsshould conduct the eviction of civilians for the requirements of occupation agencies andfrom property requisitioned by the installations. It is necessary to establish a

military forces. Only in the most urgent program of reallocation and acquisition, basedcircumstances, or upon refusal of local upon prior planning. When operations indicateauthorities to act, will eviction be that an area will change from a combat zone tohandled by the Army. an occupation zone, the location and extent of

large installations or those having special re-(3) Inventories. A representative of thelocal government should assist in thepreparation of all property inventories.The signature of the local officialcharged with real estate responsibilitymust be obtained on the initial andrelease inventories. This requirementis adhered to in order to insure that the

United States Government will beprotected from unjust claims for loss ofor damage to real and/or personalproperty used by or under the controlof United States forces.

(4) Records. Local government real estatepersonnel should be instructed in theproper maintenance of records to com-ply with United States forces standardsand requirements. It is particularlyimportant that requisitions carry thecorrect property descriptions, andforeign government personnel check all

requisitions against the correspondingentries in their permanent records. Ifthe local records have been destroyed,the local authorities must establish acorrect legal identification of therequisitioned property.

b. Offi cial Relati ons. Firmness and courtesyare the basis for all official contacts betweenreal estate personnel and civilian authorities.Under no circumstances are personal relationsto be permitted to influence any official trans-actions or to create situations detrimental to the

best interests of the United States Government.c. Local Opposition. When local opposition to

real estate operations develops, immediate co--ordination is effected with the G5 or responsibleCAMG officer. If the situation cannot be re-solved, a full report is sent to the next higherreal estate office.

a. When combat ceases in an area, the realestate held by United States forces usually re-flects emergency needs and will not be suitable

quirements should be determined, wheneverpossible, prior to the transaction.b.The theater J4 or G4 is responsible for the

allocation of real estate to the using services andagencies. He is guided by the recommendationsof the theater real estate officer and the theaterJ5 or G5, who determine the availability ofparticular property for military use and theeffect of such utilization upon the economy ofthe country. Competition between services andunits for real estate is to be avoided. Wherecontrol of real estate has not been assigned to asingle theater agency, a joint committee shouldbe appointed by the theater commander todetermine property allocations.c. When time permits, an allocation board

should be convened to consider sites for largeand special purpose installations. Members ofthis board include representatives of the usingservices, engineers (construction and real estate

divisions), signal officer, surgeon, trans-portation officer, quartermaster, and G5(CAMG). Factors to be considered in evaluatingsites include the minimum area essential for theproposed installation, adequacy of water supplyand other utilities, accessibility to routes ofcommunications, suitability of terrain, signalcommunication facilities, supply of local laborand materials, and special requirements of anynature. In the absence of a board, the usingservice conducts its own reconnaissance andrequests the theater J4 or G4 to allocate theproperty desired.

46. Acquisition

a. All property acquired by the occupationforces is secured through the real estate officerresponsible for the area, who prepares the ne-cessary requisitions and conducts all other trans-actions required by theater regulations. In


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emergencies, when no real estate officer is avail b. Before AERE teams are functioning in anable, units may find it necessary to requisition area, real estate is acquired for units by the areaproperty directly from the owners. A copy of engineer on the basis of requests made by the S4this requisition is forwarded promptly to the or G4 of the unit. Unit responsibility isnearest AERE real estate team or other real established by the signature of the commanderestate procurement authority, with a memo- or his representative upon an inventory form.

randum stating the circumstances and describing When AERE teams are functioning, letterthe condition of the property at the time of requests are submitted to the team headquarterstaking. This provides a basis for the settlement and the real estate is then requisitioned by theof claims or for the completion of prescribed authorized real estate officer. Typical formatsrental and requisition documents. for such letter requests are as follows:


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c. Instructions for preparing requests foraccommodations prescribe the following:

(1) All blanks are filled in completely andaccurately. Particular care is exercisedin describing the precise location of theproperty requested.

(2) One copy of the request is delivered tothe headquarters of the AERE team,even if the property, due to theexigencies of the situation, may alreadyhave been occupied by the requestingunit. If property at more than oneaddress is desired, a separate request isnecessary for each different address.

(3) If, after occupation of the property, anyadditional space is used or any space isreleased, the AERE team is advised of

that fact.d. The following types of property are notrequisitioned without authorization by thetheater real estate officer:

(1) Educational and cultural institutions.(2) Buildings and grounds of shrines, re-

ligious institutions, and temples.(3) Hospital facilities.

(4) Bank premises.(5) Agricultural areas essential to the

national economy.(6) Court facilities, including buildings and

grounds, and law libraries which areused or occupied by the courts andcourt officials in the administration ofjustice, deposit offices, registry offices,and jails or other detention facilities.

(7) Postal facilities.(8) Harbor and dock facilities.(9) Rail facilities.

(10) Telephone and telegraph offices andradio stations.

e. Buildings essential to the civil government,

containing important scientific facilities, or setaside for the reception of refugees or displacedpersons normally are placed under CAMG con-trol and cannot be requisitioned for the use oftroops. The area commander may also establishcontrol, by means of safeguards or off-limitsrestrictions, over property which has a vital


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function in the maintenance of the civilian filed with the unit headquarters, the appropriateeconomy, where the owner or management is government agency, and the real estate officerunknown or absent. responsible for the area. The completedf.The United States forces do not pay rent or inventory and condition report provides for

other compensation for the use of requisitioned accountability by the using unit, protects thereal estate or for damages incurred through its United States from invalid claims, and estab-

use or occupancy. Such payment or lishes unit responsibility for furnishings andcompensation to individual property owners is equipment included with the property.the responsibility of the local civil government, c. Both the original and final inventories notesubject to United States military authorization the condition of the property. Since futureand supervision. The monthly rental value of a disagreements may involve the degree of con-property is ascertained by the local authorities at dition, this portion of the inventory form mustthe time of requisition and is reviewed by the be completed with particular care. Cleanlinessresponsible real estate officer to insure that it is is not considered. The individual preparing theconsistent with the prevailing rentals for similar form observes both the structural and interiorproperties in the vicinity. Where detailed conditions of the building, and describes theappraisal is necessary, the methods and damage caused by such things as fire,principles described in the Corps of Engineers explosion, and weather. A damaged roof or walltext,Real Property Apprai ser s Handbook, will also may indicate interior damages due to rain

be followed by real estate officers and their or snow. Most damages to property used bycivilian advisers. The rental upon approval by military forces may be described as "wear andthe real estate officer, is paid by the local tear, the ordinary and usual damages resultinggovernment to the owner of the property. from normal use and occupancy. This type ofRentals and fees for facilities should not exceed damage is not noted on the final inventory andthe local levels that existed prior to the military condition report.occupation. Scales should be prepared during d. When alterations and repairs have beenthe planning period and adjusted to local made to a building, they should be recorded onconditions after consultation with CAMG both the final inventory and the release docu-representatives and local civil authorities. ments. A description, sketches, and plans of theg. When required for an extended period of alteration or repair, a bill of materials used in

time for routine operational functions, ease- the project, and the manpower and equipmentments and rights-of-way are acquired through expended on it should be recorded if possible.regular requisitioning procedures. The estimated increase or decrease in property

47. Inventories records.a. When real estate is occupied or released,

the real estate officer or unit representative,accompanied by the owner or an authorizedagent of the civil government is required to

(1) Inventory removable installed equip-ment such as heating, electric lighting,and plumbing fixtures.

(2) Carefully examine and record the con-dition of the premises, the structure or

structures, and the contents.(3) Record all gas, water, and electricmeter readings.

b. Inventory and condition reports are shownin figures 4, 5, and 6. The prescribed forms*are signed by an officer of the unit and by theowner or authorized civil official. Copies are

value should be noted on pertinent real estate

e. The original and final inventory and con-dition reports are retained in the files of theresponsible real estate office as a permanentrecord. If the original report does not existwhen the final inventory is made, an estimate ofvalue and condition is agreed upon by the realestate officer and the government repre-sentative. This evaluation is noted on the finalreport.

f.The commander of the using unit or agencyis responsible for all equipment, movable fix-______

*The type forms appearing in this manual are not necessarilystandardized forms but are subject to modifications by overseacommanders to be more effective and adequate to their particularneeds.


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tures and personal property on the premises and requisitioned, or confiscated property andmay be held pecuniarily liable if any of this contents, or both.property is removed without the prior writtenapproval of the real estate officer havingjurisdiction. If furniture or other movableproperty is removed for reasons other than

storage or safekeeping, the transaction is re-garded as a procurement and regularized as suchby a purchasing and contracting officerauthorized to procure the property. Items ofpersonal property secured from local authoritieson a loan or mutual aid basis may not bebrought into the premises unless properlymarked to indicate that they were not includedin the inventory. Each item is marked to indi-cate the source from which it Was obtained.g.When a final inventory shows shortages in

furnishings and equipment enumerated in aprevious inventory, action may be taken undertheater regulations to make suitablecompensation to the owner, either in the formof a money adjustment or by providingequivalent items from United States sources.Theater regulations will prescribe theprocedures to be followed whenever differencesregarding property inventories arise between theowners and the occupying forces. This willnormally direct the appointment of a board ofofficers to investigate and determine the statusof the property involved. A report relative tothe disputed inventory is included as a part of

the claim when it is submitted to the commandclaims service or other designated agency.h. Photographs of requisitioned and released

real estate may be filed with inventory reportsif future claims are anticipated. Photographs aredesirable in that they record the appearance andcondition of costly structures, areas beforeimprovement, the condition of timberland andgravel pits, and similar types of property wherewritten reports are supported most effectivelyby visual evidence.

48. Responsibility and Accountability

a. The commander of an area is responsiblefor the protection and safeguarding of real estatewithin his command. This responsibility cannotbe transferred or delegated. Commandingofficers of occupying units or agencies, how-ever, may be held pecuniarily liable for theloss, damage, or destruction of leased,

b. Area commanders are also responsible forthe proper assignment and utilization of allproperty used by United States forces undertheir jurisdiction. They must insure that ac-

countable property records are maintained by adesignated officer. Property accountabilityextends to movable equipment, furniture, andfurnishings inherent in the special purpose forwhich the facility was leased or requisitioned. Itincludes the contents of hotels, restaurants, andfactories, but not the furnishings of dwellings.c. The commander of the using unit is re-

sponsible for the preservation and proper polic-ing of occupied property. Each commandingofficer takes the precautions necessary to pre-vent damage to premises while they are under

his control. This includes the protection ofplumbing and heating systems against freezingand of interiors against the elements, as well assafeguarding the premises against looting ordepredation.d. Maintenance of and repairs to structures,

and mechanical and electrical equipment, re-quired by the ravages of time and ordinary fairwear and. tear are the responsibility of theowner, unless a lease or contract specificallyprovides otherwise. When performed by theUnited States forces, the cost of such mainten-ance and repairs should be recovered by a pro-

portionate reduction in rent. The expense ofalterations, painting, and decorating performedsolely for the convenience of occupying person-nel is borne by the United States.e.The real estate officers responsibility for

property that he has acquired terminates whenhe transfers it to the using unit or agency. Hisresponsibility is reestablished when the propertyis returned to him for release. Transfersbetween users will not be effected without theknowledge and written consent of the respons-ible real estate officer.

49. Municipal, Religious, Charitable,

Cultural, or Other Protected

Properties

a.Municipal, charitable, or cultural propertiesmay be requisitioned by the armed forces, butonly in cases of extreme military necessity


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and within the Law of Land Warfare (FM 27- agreements with the country concerned. Prior to10). when this type of real estate is used, it the conduct of maneuvers, notice is given to themust be secured against all avoidable injury and appropriate local government officials indicatingwill be released at the earliest practicable date. the areas to be used and the date of theb. Religious buildings, shrines, and conse- maneuvers. Notification should include assu-

crated places employed for worship normally rance that the rights of private citizens will not

are not utilized by the armed forces of the be violated and that private property includingUnited States. However, if a situation of ex- crops, fences, and livestock will be safeguardedtreme emergency exists, the Law of Land War- to the maximum practicable extent. Normally,fare (FM 27-10) does permit the use of this type rental is not paid by the United States forces forof property for aid stations, medical the temporary use of lands for this purpose.installations, or the housing of wounded per- However, damages to property arising from thesonnel awaiting evacuation. maneuvers are recorded. After the completionc. Ancient and valuable properties include of a maneuver in peacetime, the United States

structures of historical interest and other struc- forces will either accept and consider legitimatetures containing works of art or furnishings of claims for such damages submitted directly bygreat monetary value. If, in cases of extreme property owners or negotiate the matter ofnecessity, such property is used for military claims settlement with the government con-purposes, commanders must take every precau- cerned.

tion to safeguard and preserve the property.d. The use of protected properties by the 51. Release

armed forces usually creates civil implications;consequently, an official list of protected realestate normally is published by the theaterheadquarters during the planning phase andexpanded during occupation of the area. Au-thority to approve requests to utilize propertiesof this type normally is retained at the majorcommand level, and strict regulationsconcerning safeguarding the property areenforced. Prior to occupancy, the moveableproperty is inventoried, stored, and secured,with strict precautions taken to prevent fire orpilferage. In all real estate transactionsconcerning this type of property, the Law ofLand Warfare (FM 27-10) will apply and befully respected.

50. Use of Nonrequisitioned Real Estate

for Maneuvers erty to its original condition, and the salvageIf a state of war exists, the use of non-

requisitioned real estate for maneuver purposesfalls withinthe Law of Land Warfare (FM-27-10) and transactions are subject to command

policies and procedures in effect at the time. Inpeacetime, maneuvers involving the temporaryuse of land other than that under the direct con-trol of the United States forces normally are amatter of negotiation with the civil governmentofficials having jurisdiction over the requiredareas and subject to the provisions of previous

a.When real estate is to be vacated, a writtennotice of departure is submitted to the respon-sible real estate officer. A form such as thatshown in figure 7 may be utilized. This noticeincludes

(1) Number and date of requisition. (2) Precise location of property (name of

building, street, and number, town ornearest town if in a rural area, prov-ince, state, map coordinates).

(3) Date property will be vacated.b. Accompanying this notice of departure is acompleted inventory and condition report notingthe deficiencies, value of improvements, re-pairs, and alterations, and the condition of theproperty. If United States investment is in-volved, the report contains the original cost,cost of removal, expense of restoring the prop-

value of the United States owned items.c. A complete and final policing of the pro-

perty is made prior to the departure of thetroops. Unit commanders of all echelons are

responsible that their units leave the premises inproper condition when vacated. If for opera-tional reasons a unit cannot police an area ade-quately before departure, the higher commandernormally will designate another of his units toplace the vacated property in a satisfactorycondition.


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d. When real estate is vacated, it may be de- written notification of the fact to each supplysirable to retain the property for future use. In officer concerned. This notification will serve asthis case, the inventory is completed by the de- authority for the supply officer to drop the itemparting unit and the real estate officer assumes or items from his records.responsibility for the property. The final in-ventory is then filed with the original inventory

and requisition request. Record of reoccupancyis effected by preparing. a new inventory.e. Before releasing property to civilian owners

or government agencies, the real estate officer owned installed equipment or removablemust insure that no future need for the property property as mutually agreed upon by both par-exists. Requisitioned property for which no ticipating agencies. After the completion ofcurrent military requirement exists but which negotiations, the vacating service derequisitionsmay be required for future military utilization the real estate and the receiving agency con-may be released temporarily on sufferance. A currently requisitions the property and assumeswritten sufferance agreement is executed full responsibility and accountability as of thebetween the responsible real estate officer and date of transfer.the owner or recipient of the property, whoacknowledges that he 52. Post-Treaty Conditions

(1) Understands that possession of thepremises is on sufferance only. status of the United States forces ends, with the

(2) Agrees to vacate the property within a corresponding loss of special rights andspecified time after notice. privileges. The enemy country acquires the

(3) Waives any claim for rent during the status of a friendly nation, and real estateperiod of occupancy. operations are conducted as described in chap-

(4) Undertakes to be responsible for ter 5. Property held by the United States forcesutilities and maintenance during his is returned to the owners unless otheroccupancy. arrangements are effected by mutual agreement.

During the occupation period, the theater realf.No United States owned installed equipmentis left in a requisitioned facility when it isreleased unless the theater real estate officer

determines that the removal of such equipmentcould not be justified economically or logistic-ally. Where such a determination has beenmade, the theater real estate officer gives

g. Real estate may be transferred betweenservices within the armed forces or to another

agency of the United States Government.Transfers may include, either on a reimbursableor nonreimbursable basis, such United States

When a treaty of peace is signed, the occupation

estate office should prepare plans for post-treatyoperations based upon the known or anticipated

employment of United States forces. Particularattention should be given to the acquisition ofreal estate for bases and installations that will beestablished under post-treaty agreements.


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CHAPTER 4REAL ESTATE OPERATIONS IN FRIENDLY COUNTRIES DURING HOSTILITIES

Section I. GENERAL

53. Conditions enemy air, missile, or mass-destruction weap-

a. Partial Invasion. In the initial phases of awar, enemy forces may succeed in effecting apartial invasion and occupation of a friendlycountry. Halting this invasion and repelling theenemy may involve United Nations forces orUnited States forces acting under a mutualsecurity agreement. Existing treaties and agree-ments concerning real estate must be modifiedto provide for the requirements of active hos-tilities.b. Total Invasion. When a friendly country is

occupied completely by enemy forces, realestate operations are similar to those conductedin hostile territory. If a government-in-exile isformed, it may not possess sufficient authorityto make agreements that will be legally bindingupon the national government following libera-tion of the country. When this situation exists,complete documentation of all real estate usedby United States forces will be emphasized. Anagreement should be effected with the govern-ment-in-exile concerning real estate operationswithin liberated areas over which it may exer-cise jurisdiction.c. Support of a Theater Outside the Country.

United States forces may be stationed in afriendly country to provide support for otherforces engaged in hostilities elsewhere withinthe theater of operations. In providing realestate, the host country understandably will at-tempt to avoid subjecting its population to thedanger of attacks on military installations by

ons. Subject to military necessity, efficiency ofoperation, and security, every effort will bemade to utilize areas substantially removed fromcivilian centers of population. This does notmean that unsuitable areas will be accepted. It isthe duty of the real estate officer to bring to theattention of the commander, United Statesforces, any action by the host government toforce acceptance of such areas.

54. Liberated Areas

a. To provide real estate support for the tac-tical operations necessary to liberate an invadedcountry, the commander of the United Statesforces must be granted adequate emergencypowers and authority. Troops must haveflexibility of movement and deployment, un-hampered by restrictions on the use of realestate. In negotiations with the national gov-ernment, the commander of United States forcesmust obtain the broadest degree of real estateauthority consistent with the proper functions ofgovernment agencies.

b. Liberation of an area does not necessarilyrestore authority to the government. The theatercommander, as civil administrator, determineswhen the area can be returned to governmentcontrol. Until this decision has beenannounced, real estate operations are conductedin the same manner as in the occupied portionsof enemy countries.

Section II. REAL ESTATE OPERATIONS IN INVADED COUNTRIES

55. General area(s) to be returned to the control of the

a. Real estate policies and procedures withina friendly country during hostilities are similarto those described in chapter 3, modified by anyagreements effected between the United Statesand the government concerned.b. In those instances where the advance of the

United States forces will permit the liberated

national government shortly after recapture, theuse of real estate is of such brief duration thatdocumentation is unnecessary. When theadvance is halted, the commander responsiblefor real estate operations may recommend oneof the following actions:

(1) Moving the rear boundary of the


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combat zone forward and returning the 58. Acquisitionarea released to civil government ju-risdiction if existing agreements soprovide.

(2) Establishing real estate documentationin specified portions of the combat

zone, such as areas in rear of divisionor corps boundaries or those in whichlocal government agencies are con-sidered to be capable of assumingresponsibility for real estate operations.

c. When the destruction or removal of struc-tures becomes necessary because of tactical re-quirements, accurate and detailed descriptionsof property are placed on file at the central realestate office of record.

56. Organization

Hostilities within a friendly country may re-

quire a real estate Organization adapted both toprocedures that follow a peacetime pattern andthose required in active combat areas. In rearareas, real estate operations are based upon theoriginal agreement with the national govern-ment, while in forward areas not under govern-ment control, conditions require operationssimilar to those conducted in enemy territory.As a result, three types of real estate organiza-tions may be required:a. Theater Real Estate Offi ce. If real estate

operations are being conducted in several coun-tries, a central theater real estate office is

necessary.b. Country Real Estate Office. A separate real

estate office for a country may be established ifthe seat of the national government is located aconsiderable distance from the theaterheadquarters.c. Field Real Est

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