35.395 Redress for damage to property. - Kentucky Statutes

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35.395 Redress for damage to property. (1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully
taken by members of the National Guard or active militia he may, subject to such
regulations as may be prescribed pursuant to this chapter, convene a board to
investigate the complaint. The board shall consist of from one (1) to three (3)
officers and shall have, for the purpose of such investigation, 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 such board shall be subject
to the approval of the commanding officer, and, in the amount approved by him,
shall be charged against the pay of the offenders. The order of such commanding
officer directing charges herein authorized shall be conclusive on any disbursing
officer for the payment by him to the injured parties of the damages so assessed and
approved. (2) Where the offenders cannot be ascertained, but the organization or detachment to which they belong is known, the adjutant general may direct that the amount of
damages assessed and approved be paid to the injured parties from the military fund
of the unit of the National Guard or active militia to which such offenders belonged. Effective: July 1, 1954
History: Created 1954 Ky. Acts ch. 99, sec. 78, effective July 1, 1954.