. , ' /
The Reich Leader SS Commissioner for, the Consolidation of German Nationhood
Berlin-Halensee, 15.4.41 Kurfuerstendamm 142/143
Instruction for Internal Use on the Application of the Law concerning Property of Poles of 17.9.1940
1. Where the Act is to be applied: The Act is applicable: not only within the incorporated areas in the East, but in the entire area of Greater Germany, excluding the General Government of the occupied Polish areas; in the latter area the Decree of the Governor General concerning the Confiscation of Private Property located within the General Government of 24.1.40 (VBLT GG.I No. 6, pp 23 if.) is applicable.
2. With regard to which persons it is to be applied: The act is . to be applied with regard to every national of the former Polish State. Alterations of nationality completed after 1.9.1939, as may result for instance from the division of Poland or from naturalization of Poles in enemy or neutral countries are not to, be considered. Therefore anyone who was a Polish National on 1.9.1939 is subject to the Act unless the exception of section l,ss. 2 applies.
3. According to section. 1, ss.3, No. a of the Law concerning the List for Repatriation of German Ethnic Groups [Deutsche Volksliste] and the German nationality in the Incorporated Eastern Areas of 4.3.1941 (RGB1.I 118) those stateless persons of non-German race who had their domicile or permanent residence within the frontiers of the former Polish State, are in the same position as nationals of the former Polish State. There is nothing against applying this principle when applying this Act. *'
* sf:
5. "Where on 1.9.1939 nationals of the former Polish State were at the same time nationals of another state (for instance' América) the Act is applicable in principle, but before any action may be taken, there has to be a report to me via the Central1 Estate Office in order to negotiate an agreement with the. Foreign Office or the Custodian of Enemy Property. " -
6. The important exception in section 1, subs. 2 will permit practical action and especially definitive measures on the basis of the Act only; after determination of the race to which the person belongs (see my Decree regarding Races of 12.9.40, the Circular of the Minister for the Interior concerning Acquisition of
693261—47—5
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German Nationality by. former Polish and Danzig Nationals of 19.3.41) (Ie 5125/41).
5000 East)
Regarding the groups III and IV of the "List for the Repatriation of German Ethnic Groups (see my decree of 12.9.40) the law of 4.3.1941 provides despite their incorporation in the List that persons belonging to these two groups acquire German nationality only by individual naturalization. Moreover the persons in Group IV (renegades) when Individually naturalized will acquire German nationality only with the provision that it may be revoked. As long as they are not irrevocably naturalized, the exception of section 1 subs. 2 does not apply to them because it presumes that German nationality has been acquired. Until this has taken place, i.e. until these persons are irrevocably German nationals, their property is subject to the measures of the Law, concerning Property of Poles.
This possibility though will not be used until further notice since we intend to Germanize the members of these groups as far as possible. More detailed instruction with regard to these groups will be issued later.
7. Section 1, subs. 2 part 2 allows further exceptions to be made with regard to the persons affected. I shall decide upon such exceptions in the individual case.
Ad section 2
1. The provisions of subs. 1 and 2 apply only where the conditions as to personal status set out in section 1 are present as well.
2. The conditions permitting seizure according to section 2, subs. 2 are always present if the property belongs to a Pole. For the Polish real estate will be needed without exception for the consolidation of the German nationhood.
3. The Estate Offices primarily will make use of the possibility to restrict the seizure to parts of the property, since the seizure of real estate is the main task. It is not necessary, therefore, to seize the entire property of a person at once. This is not even desirable in each case since the seizing authority acquires some responsibility by a seizure."
Ad section U
"Ad section 9 '
1. In contrast to seizures which have only the character of preparatory measures, confiscation transfers the property in question finally to the German State."
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7. Since I reserve for myself any confiscation of real estate (until further notice) I expressly forbid the making of promises as to the subsequent disposition of the real estate which is confiscated, unless I decree differently as the case may be.
Ad section 10
"On treatment of Church Property I shall decide later."
Ad section 14 '
1. "The rule that the order issued in the particular case has to be put in writing and to be served on the person concerned is obligatory so that the validity of the order depends on compliance with it.
2. On the other hand since compliance with this order would mean considerable trouble for me and my Estate Offices, and may moreover cause unrest among the population, I herewith empower the Estate Offices to replace this service according to section 14 subs. 2 by posting up the decree or by public notice, unless service on the person concerned seems, indispensable owing either to the size of the real estate in question or to doubts about the racial status of the person concerned'. In applying this surrogate for service there is again to be taken into consideration that unrest among the population, especially among the small holders and peasants has to be carefully avoided."
By Order
(signed) [illegible signature]
SS Brigadefuehrer
Draft
The Superior SS & Police Leader Danzig-West Prussia ,
Commissioner of the Reich Commissioner for the Consolidation of German Nationhood Estate Office
(Reference No.)
Gdynia,
„19
Count Spee Street 7.
Order of Seizure
According to the Law concerning the Treatment of Property belonging to Nationals of the former Polish State of 17.9.1940
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(RGBl. I p.1270) herewith the whole of. the agricultural property belonging to the persons named in the enclosed, list, especially the agricultural farms and estates specified in that list including all appurtenances are seized for the benefit of the German Reich represented by the Reichsfuehrer SS and Reich Commissioner for the Consolidation of German Nationhood.
This seizure does not invalidate any official1 administration introduced under section 1 of the. law concerning official administration of agricultural or forestry estates in the occupied countries of the East of 12.2.1940 (RGBl I p.355) conducted by the General Administrator (East German Corporation for Estate Administration) or any other authorized administration.
The Chief of the Estate Office
[Seal] * ----------Note:
Served acc. to section 14 Act of 17.9.40 by public notice
signature
Rank
Date
The Superior SS & Police Leader
. Danzig.—West Prussia Commissioner of the Reich Commissioner for the Consolidation of German Nationhood Estate Office (Reference No.)
Gydnia, ................19........
Confiscation Order
Under sections 9 and 12 of the. Law concerning the Treatment of Property belonging to Nationals of the former Polish State of 17.9.1940 (RGB1 I p. 370) herewith is confiscated for the benefit of the German Reich represented by the Reich Leader SS-, Reich Commissioner for the Consolidation of German Nationhood, the entire agricultural property, especially the—farm—estate—including all appurtenances of.......................................
(follows name and last domicile)
...................(name of farm) situated at............................(locality)
* - >' * (no. of farm) (village)
District.....;.—..:..........................................
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Reasons: ' ' ,
The confiscation cif the agricultural estate is necessary for the public benefit, especially for the consolidation! of the German Nationhood. ........... .........
Seizure has been ordered the.......................................
(the property was seized after 5 October, add:)
and the decree has been served to the person; affected the.........
Service has been replaced by public notice in the Estate Office (SS. 2, Act 14 of 17.9.1940)
VIII/A8 02—Froe/Zp Re: Monthly report Your Ref: —
Enel. — 1 —
! 31st May
To the Reich Commissioner for the Consolidation of German Nationhood :
—Staff Headquarters—Statistics Department
Berlin—Halensee .
142/143 Kurfuerstendamm '
Enclosed I submit report on our activities for May 1943. The 14,635 schedules concerning 103,598.31 hectares still pending at the Central Estate Office are under the jurisdiction of the Estate Office, Posen. ...
Altogether 969 schedules comprising 6,725.81 hectares have been transferred to the Register. Besides 197 schedules were treated as concerning A-estates. Owing to corrections received, 6,910 schedules were corrected and the Register changed accordingly. The Registry departments therefore, treated in May altogether 8,076. schedules. Moreover a great number of corrections had to ibe made regarding the racial status, lowing to entries in the List for Repatriation of Gdrman Ethnic! Groups ["Deutsche Volksliste"]: the confiscation decrees when received were entered in the Register, the same applies to reports of! the Country Courts on! entries in the Lang Register Where the Estate Offices had corrected their schedules, the entries concerning seizures had to be| corrected as well. !
i I . ' '
65i
By Order
A8 02—FrOE/Zp
Only for official use
Farms and Estates scheduled, seized, and confiscated by the Estate Offices Danzig-West Prussia, Poznan, Zichenau, Silesia
State of affairs on 31st May 1943
Reported by: Central Estate Office
Listed on questionnaire of Central Estate Office Transferred to index Seized Confiscated
Estate Office ' Portion of Estates
Estates Hectares Estates Hectares Estates Hectares Estates Hectares
1.5.1943— 31.5.1943 Danzig-West Prussia 751 8,858.19 654 4,739.43 8 1,316.30 155 6,726.81
Poznan 50 675.39 2 4.85 529 920.92 261 2 12,728.29
Zichenau _ 3 _ 28.24 273 1,766.98 261 1,503.84 4,869 -1 46,486.55
Silesia 42 _ 793.03 40 214.55 316 2,794.72 37 29 3,764.50'
Total 840 8,712.31 ?69 6,725.81 1,114 6,535.78 5,322 30 69,706.15
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State of affairs on 31.5.1943 Danzig- West Prussia Poznan Zichenau Silesia 131,628 404,606 141,935 262,732 2,130,145.91 4,036,319.18 1,654,730.48 1,027,640.58 129,004 377,396 140,715 260,726 2,123,943.03 3,463,875.97 1,614,481.79 1,026,579.37 91,396 342,228 119,687 139,941 1,441,064.42 2,893,250.04 1,197,372.78 565,838.44 531 1,513 5,841 1,623 23 1 585 63,303.16 91,194.71 63,246.68 52,702.14
Total 940,901 8,848,836.15 907,841 8,228,880.16 693,252 6,097,525.68 9,508 609 270,446.69
To be treated
still at Central
Estate Office 14,635 103,598.31
Grand Total 955,536 8,952,434.46
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Copy
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C Z I/III b/28.3.40/Goe/Wo. 20th Nov. 1940 I
Re: How the property of the persons belonging to groups 111 and IV of the List for repatriation of German Ethnic Groups [Deutsche Volksliste] ought to be dealt with.
[Reported to Reich Leader SS on: 23.2.41]
The Reich Fuehrer SS ; '
Berlin—SW 11 : '
8 Prince Albrecht Street
Reich Fuehrer !
After having issued your carrying-out decree concerning the treatment of the population in the Eastern occupied countries of 12.9.1940, you will find it necessary to issue instructions concerning the treatment of property belonging to persons included in Groups III and IV of the "List for the Repatriation of Germain Ethnic Groups" and this for the agricultural as well as for the trade sections. '
A solution of this problem is becoming more urgent because business establishments and farms which belong to members of Groups IV and V of the list are urgently needed for the use of German resettlers. ;
In the interest of Germanizing, the country-as fast and as effectively as possible and of separating from both these groups their property located in the occupied Eastern territories as sopn as feasible, my office is of the opinion that real estate situated ]n the annexed Eastern areas, and belonging to members of Groups III and IV of the List should be expropriated, and this against full compensation to members of Group III, blit against compensation which would have fo- be decjided jupon in each1 single case with regard to members of Group!IV. i , ' |
On this basis I have the honor j to submit the following proposal for the treatment of property belonging to members of
Groups III and IV of the List for your -consideration.
: '5 : i ' .
7. Treatment of Property of Members of Group III j (Germans ijvho had not resisted Polonisatiop) '
Since the members j of this group ioughjt to be fully compensated on principle, I see noj objection agajinst flowing them to sell privately their real estate to appropriate : corporations, or persons. The intention guiding the treatment Of these persons ;ought to be to transfer them to the old Germany. This intention can be real-
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feed, as. a rule, by police measures or labor restrictions. The Ger-manization of the country will therefore not be endangered if we first allow the members of this group to liquidate their real estate- situated within the .annexed areas according to their own wishes." It will be recommendable, though to set them a time limit of about three months during which they are to liquidate their real estate. In case they have not sold their real estate within that time, it would have to be taken into administration by the East German Estate Administration Corporation, and afterwards the Reich Commissioner should confiscate the real estate and decide upon compensation.
In these cases the real estate can be dealt with in the manner set out above under the law concerning appropriation of real estate for the use of the German Armed Forces, provided that this law will have been declared applicable in the annexed areas, owing to the recent alteration of the Feuhrer's decree.
II. Treatment of Group IV of the "Volksliste" (Renegades)
[pencil note: no compensation]
In view of the principle that the numbers of Group IV are not to receive full compensation, they should not be allowed to sell privately, their real estate, nor can the law concerning appropriation of real estate be applied since it provides for full compensation.
; My office proposes to expropriate the property of these persons under the law concerning the treatment of property belonging to nationals of the former Polish State of 17.9.40. There is no objection against that since in fact the members of Group IV of the List do not obtain German nationality immediately on their entry onto the List, but are only entitled to hope for a labor naturalization, after having proven their worth.
Now the confiscation under the law of 17.9.40 does not exclude the grant of compensation as such. On the contrary, decision for compensation and the amount for confiscation of property is expressly reserved by section 9, subs. 5 of the Act. There ought to be an administrative decree (which presupposes consent of the Reich Finance Minister) empowering the Reich Commissioner to grant to renegades a partial compensation in money for their confiscated property, the amount of which is to be decided by him at his discretion.
Such a procedure has the following advantages : a. No new legislation is necessary,
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b.
c.
This procedure of confiscation is much simpler than expropriation proper,
Since the granting of compensation would rest on the discretion of the Reich Commissioner, there could be no competence for the courts to examine and decide upon its appropriateness.
This would allow to treat each one of the renegades according to his behavior in the past.
(signed) Greif elt SS Brigade Leader