§128-23  Determination of compensation. 
Whenever the governor requisitions and takes over any property or the temporary
use thereof, the owner, or other person entitled thereto, shall be paid as
compensation for the property or use, such sum as the governor determines to be
fair and just, within twenty days after it has been requisitioned and taken;
provided that the compensation for temporary use may be paid in monthly or
lesser installments.  If any person is unwilling to accept, as full and
complete compensation for the property or use, the sum determined by the
governor, the person shall be paid seventy-five per cent of the sum determined
by the governor, and shall be entitled to sue the State for such additional sum
as, when added to the sum already received by the person, the person may
consider fair and just compensation for such property or use, in the manner
provided by chapter 661; provided that the suit is instituted within two years
after 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, to
sections 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 suit
after the appointment of a conservator of the person under disability, or the
removal of the disability, or after the appointment of personal
representatives; provided further that recovery shall be confined to the fair
market 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 on
account 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 of
a conservator, or for the appointment of a personal representative. [L 1951, c
268, 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]