2014 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.810 Redress of injuries to property.
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35.810 Redress of injuries to property.
(1)
(2)
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, that person
may, under such regulations prescribed, convene a board to investigate the
complaint. The board shall consist of from one (1) to three (3) commissioned
officers and, for the purpose of that investigation, it has power to summon
witnesses and examine them upon oath, 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 that
officer shall be charged against the pay of the offenders. The order of such
commanding officer directing charges herein authorized is conclusive on any
disbursing officer for the payment to the injured parties of the damages so
assessed and approved.
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 such proportion as may be 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.
Effective:June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 32,
sec. 143, effective June 25, 2013. -- Created 1954 Ky. Acts ch. 99, sec. 78,
effective July 1, 1954.
Formerly codified as KRS 35.395.
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