[§124B-235] Redress of injuries to property.

369 words·~2 min read·/hi/124b-235

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Whenever a 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, in accordance with rules adopted by the governor or adjutant general, convene a board to investigate the complaint. The board shall consist of one to three commissioned officers, and, for the purpose of that investigation, shall have the 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 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 (c), 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 made in a proportion as is considered just upon the individual members thereof who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board. Alternatively, 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.

(c)Any person subject to this chapter who is accused of causing wilful damage to property shall have the right to be represented by counsel, to summon witnesses on the person's behalf, and to cross-examine those appearing against the person. The person shall have the right of appeal to the next higher commander. [L 2022, c 286, pt of §2]