Ā§128-24Ā  Determination of damages.Ā  [L
2004, c 202, Ā§14 Ā amendment repealed on June 30, 2010.Ā  L 2006, c 94,
Ā§1.] Ā The governor shall appoint a board of three disinterested appraisers
with whom may be filed any claim for damages arising out of any failure to
return private property, the temporary use of which was requisitioned, or which
was leased, or any claim for damages arising out of the condition in which the
private property is returned; provided that no such claim shall be filed for
deterioration of property resulting from ordinary wear and tear, not for any
deterioration or damage except such as is shown to have resulted from the
taking or use of the property.Ā  The claim shall be filed within thirty days
after the return of the property or after the governor proclaims that all
private property has been returned to the owners, whichever is earlier.Ā  The
decision of the appraisers shall be final and binding upon both the governor
and the claimant, provided that either party may file a petition in the circuit
court within sixty days after the rendering of a decision of the board, praying
for the decision of the court upon the claim.Ā  The petition, if filed by the
government, shall be entitled in the name of the State, by the attorney
general, and shall be heard and decided by the circuit court without the
intervention of a jury.Ā  If filed by any other party, the petition shall be
filed, heard, and decided in the manner provided for suits against the State.Ā 
Appellate review may be had, subject to chapter 602, in the manner provided for
civil appeals from the circuit courts.Ā  The court may order the joinder of
other parties or may allow other parties to intervene.Ā  Any award which has
become final shall be paid out of any funds available under this chapter, and
if not sufficient, out of the general revenues of the State not otherwise
appropriated. [L 1951, c 268, pt of Ā§2; RL 1955, pt of Ā§359-21; HRS Ā§128-24; am
L 2004, c 202, Ā§14]



 



Note



 



Ā  L 2004, c 202, Ā§82 provides:



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