§128-24  Determination of damages.  [L2004, c 202, §14  amendment repealed on June 30, 2010.  L 2006, c 94,§1.]  The governor shall appoint a board of three disinterested appraiserswith whom may be filed any claim for damages arising out of any failure toreturn private property, the temporary use of which was requisitioned, or whichwas leased, or any claim for damages arising out of the condition in which theprivate property is returned; provided that no such claim shall be filed fordeterioration of property resulting from ordinary wear and tear, not for anydeterioration or damage except such as is shown to have resulted from thetaking or use of the property.  The claim shall be filed within thirty daysafter the return of the property or after the governor proclaims that allprivate property has been returned to the owners, whichever is earlier.  Thedecision of the appraisers shall be final and binding upon both the governorand the claimant, provided that either party may file a petition in the circuitcourt within sixty days after the rendering of a decision of the board, prayingfor the decision of the court upon the claim.  The petition, if filed by thegovernment, shall be entitled in the name of the State, by the attorneygeneral, and shall be heard and decided by the circuit court without theintervention of a jury.  If filed by any other party, the petition shall befiled, heard, and decided in the manner provided for suits against the State. Appellate review may be had, subject to chapter 602, in the manner provided forcivil appeals from the circuit courts.  The court may order the joinder ofother parties or may allow other parties to intervene.  Any award which hasbecome final shall be paid out of any funds available under this chapter, andif not sufficient, out of the general revenues of the State not otherwiseappropriated. [L 1951, c 268, pt of §2; RL 1955, pt of §359-21; HRS §128-24; amL 2004, c 202, §14]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."