WVC 15 - 1 E- 139
§15-1E-139. Redress of injuries to property.
(a) 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 to three 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 the commanding officer
directing charges herein authorized is conclusive on any disbursing
officer for payment to the injured parties of the damages so
assessed and approved.
(b) 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.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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