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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History: Repealed, reenacted, renumbered, and amended 2013 Ky.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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