48-3105. Redress of injuries to property.
48-3105
48-3105. Redress of injuries to property.(a) Whenever complaint is made to any commanding officer that willfuldamage has been done to the property of any person or that the person'sproperty has been wrongfully taken by members of the state military forces,the person may, subject to such regulations as the governor may prescribe,convene a boardto investigate the complaint. The board shall consist of from one to threecommissioned officers and, for the purpose of that investigation, it haspower to summon witnesses and examine them upon oath or affirmation, toreceive depositions or other documentary evidence, and to assess thedamages sustained against the responsible parties. The assessment ofdamages made by the board is subject to the approval of the commandingofficer, and in the amount approved by the commanding officer shall be chargedagainst the pay of the offenders. The order of the commanding officer directingcharges herein authorized is conclusive, except as provided in subsection(c), on any disbursing officer for the payment by him or her to the injuredparties of the damages so assessed and approved.
(b) If the offenders cannot be ascertained, but the organization ordetachment to which they belong is known, charges totaling the amount ofdamages assessed and approved may be paid to the injured parties from thefunds of the units of the state military forces to which the offendersbelonged.
(c) Any person subject to this code who is accused of causing willfuldamage to property has the right to be represented by counsel, to summonwitnesses in the person's behalf, and to cross-examine those appearing againsthim or her. The accused has the right of appeal to the next higher commander.
History: L. 1972, ch. 203, § 48-3105; July 1.