During peacetime, the military may take up the property to accommodate soldiers conducting military exercises. This business may take place on the basis of a contract concluded with the property owner. In the event of a state of emergency or war, the announcement of mobilization and during the war, the seizure of the property may take place without contract and without remuneration for the owner.
Real property policies
The business of the property by the military is regulated by the Act of 22.06.1995 on the accommodation of the Armed Forces of the Republic of Poland. The seizure of the property may take place for the temporary deployment of military units, the accommodation of soldiers and military personnel, as well as the retention or retention of equipment, weapons, materials and military equipment.
Hazard Zone
In the event of a seizure of a property, the military may make a danger zone, which is created on the basis of a provincial decision. The residents of the property covered by the danger region shall be evacuated as long as the region has been created.
Compensation for damages
In the event of harm to property owned by a natural or legal individual in connection with the seizure of the property by the military, the property owner shall have a claim for compensation. This claim shall expire 3 years after the date of the damage.
Penalties
For not complying with the military commander's decision to seize the property as well as for preventing or obstructing the military from utilizing the occupied property, there is simply a penalty. This punishment may be imposed on the owner of the property by a soldier of the military police by a criminal mandate.
Obligation to benefit in kind
The military may besides impose on natural persons an work to supply benefits in kind by giving the military to usage property or movable property. This work may be imposed during peace, inter alia, to combat natural disasters and to destruct their effects.
Acquisition of property or property
The acquisition of property or property by the military shall take place on the basis of an administrative decision by the mayor (Mayor or City President), issued at the request of the authorities or heads of organisational units entitled to benefits in kind. This decision shall be served on the holder of the property or property entitled to an appeal to the voivodes.
Maximum take-over period
The maximum period for the property or property to be taken over by the military shall be 6 months for benefits in kind to the armed forces and 3 months for benefits in kind to another organisational units. In the event of taking over property or property in order to combat natural disasters and to destruct their effects, the maximum take-over period shall not be specified.
Flat-rate and compensation
In addition, the holder of the property or property shall be entitled to a lump sum corresponding to the harm incurred as a consequence of its transportation and the rate of depreciation. A claim for lump sums and compensation for damages resulting from the usage of immovable property or property in a manner contrary to its characteristics or intended intent shall expire 1 year after the date of return of the immovable property or property to its holder.
