29B.119 Redress of injuries to property.
236 words·~1 min read·
/ia/chapter-29b-military-justice/29b-119·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Whenever complaint is made to any commanding officer that willful 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 person may, subject to such regulations as the adjutant general may prescribe, 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 shall be charged against the pay of the offenders. The order of the commanding officer directing charges authorized in this section is conclusive, except as provided in this chapter, on any disbursement officer for the payment by the officer to the injured parties of the damages so assessed and approved.
2. Any person subject to this code who is accused of causing willful 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.
[C66, 71, 73, 75, 77, 79, 81, §29B.119]