State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 15 > 15-1e-129

§15-1E-129. 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 his property has been wrongfully taken by members of the state military forces, he may, subject to such regulations as the governor may prescribe, convene a board to investigate the complaint. Th board shall consist of from one to three commissioned officers and shall have, for the purpose of such investigation, power to summon witnesses and examine them upon oath or affirmation, to receive depositions of other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by such board is subject to the approval of the commanding officer, and in the amount approved by him and may be charged against the pay of the offenders. The order of such commanding officer directing charges herein authorized shall be conclusive, except as provided in subsection (b) on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.

(b) Any person subject to this article who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his behalf, and to cross-examine those appearing against him. He has the right of appeal to the next higher commander.