§ 30-13-125 - Redress of injuries to property.
SECTION 30-13-125
§ 30-13-125 Redress of injuries toproperty. – (a) Whenever complaint is made to any commanding officer that willful damagehas been done to the property of any person or that person's property has beenwrongfully taken by members of the state military forces, that officer may,subject to such regulations as the governor may prescribe, convene a board toinvestigate the complaint. The board shall consist of from one (1) to three (3)commissioned officers and, for the purpose of that investigation, it has powerto summon witnesses and examine them upon oath or affirmation, to receivedepositions or other documentary evidence, and to assess the damages sustainedagainst the responsible parties. The assessment of damage made by the board issubject to the approval of the commanding officer, and in the amount soapproved by shall be charged against the pay of the offenders. The order of thecommanding officer directing charges herein authorized is conclusive, except asprovided in subsection (c) of this section, on any disbursing officer for thepayment by that officer to the injured parties of the damages so assessed andapproved.
(b) If the offenders cannot be ascertained, but theorganization or detachment to which they belong is known, charges totaling theamount of damages assessed and approved may be paid to the injured parties fromthe military funds of the units of the state military forces to which theoffenders belonged.
(c) Any person subject to this code who is accused of causingwillful damage to property has the right to be represented by counsel, tosummon witnesses in his or her behalf, and to cross-examine those appearingagainst him or her. He or she has the right of appeal to the next highercommander.