29B.119 - REDRESS OF INJURIES TO PROPERTY.
29B.119 REDRESS OF INJURIES TO PROPERTY.
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 herein authorized is conclusive, except as
provided herein, on any disbursement officer for the payment by the
officer to the injured parties of the damages so assessed and
approved.
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. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 29B.119]