1. Expropriation on the basis of occupation law or occupational
jurisdiction (1945 to 1949) cannot be reversed. The governments of the
Soviet Union and GDR see no possibility of revising measures taken at that
time. The government of the FRG acknowledges this in view of historical
developments. It is of the opinion that the right to make a final decision
on possible state compensation must be reserved for a future all-German
parliament.
2. Trusteeship administration and similar measures limiting use of real
estate, businesses, and other property must be rescinded. In this way,
citizens whose property devolved to state administration as a result of
flight from the GDR or for other reasons will regain control of their
property.
3. In principle, confiscated real estate will be returned to former owners
or their heirs, taking account of the cases listed in a) and b):
a) Restitution of property rights to real estate and buildings whose use of
function was changed, in particular through public use in construction of
complex housing and settlement, employment for commercial purposes, or
inclusion in a new commercial unit, is not possible by its nature. In such
cases, compensation will be paid to the extent it has not already been
compensated for under regulations applying to citizens of the GDR.
b) Where a citizen of the GDR has lawfully obtained ownership or rights
of, or usage to, property to be reconveyed, a socially acceptable
settlement is to be made with the former owner through exchange of
property of comparable worth or through monetary compensation. This
also applies to property sold to third parties by state trustees. Details
remain to be clarified.
c) Where former owners or their heirs have a claim to restitution,
compensation may be chosen instead. The issue of compensation for
changes in value will be dealt with separately.