124A-165

Redress of injuries to property

[§124A-165] Redress of injuries to property. (a) Whenever complaint is made to any commanding officer that wilful damage has been done to the property of any person or that the person’s property has been wrongfully taken by members of the state military forces, the commanding officer may, subject to such rules as the governor may adopt, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by the commanding officer shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection ©, on any disbursing officer for the payment by the disbursing officer to the injured parties of the damages so assessed and approved.

(b) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.

© Any person subject to this chapter who is accused of causing wilful damage to property has the right to be represented by counsel, to summon witnesses in the person’s behalf, and to cross-examine those appearing against the person. The person has the right of appeal to the next higher commander. [L 1982, c 171, pt of §2; gen ch 1985]