§128-23  Determination of compensation. Whenever the governor requisitions and takes over any property or the temporaryuse thereof, the owner, or other person entitled thereto, shall be paid ascompensation for the property or use, such sum as the governor determines to befair and just, within twenty days after it has been requisitioned and taken;provided that the compensation for temporary use may be paid in monthly orlesser installments.  If any person is unwilling to accept, as full andcomplete compensation for the property or use, the sum determined by thegovernor, the person shall be paid seventy-five per cent of the sum determinedby the governor, and shall be entitled to sue the State for such additional sumas, when added to the sum already received by the person, the person mayconsider fair and just compensation for such property or use, in the mannerprovided by chapter 661; provided that the suit is instituted within two yearsafter the requisition in the case of the taking of real property in fee simple,or within one year after the requisition in all other cases, subject, tosections 657-13 to 657-15 which are hereby made applicable to such a suit;except that no more than six months shall be allowed for the bringing of a suitafter the appointment of a conservator of the person under disability, or theremoval of the disability, or after the appointment of personalrepresentatives; provided further that recovery shall be confined to the fairmarket value of the property or its fair rental value, as the case may be,without any allowance for prospective profits, punitive or other damages. Whenever the owner of property, or other person entitled to compensation onaccount of the requisitioning of property or the use thereof, is under a disability,or has died, and no conservator or personal representative has been appointed,the State acting through the attorney general, may apply for the appointment ofa conservator, or for the appointment of a personal representative. [L 1951, c268, pt of §2; RL 1955, pt of §359-21; HRS §128-23; am L 1976, c 200, pt of §1;am L 1986, c 339, §5; am L 2004, c 161, §2]