[§127A-21]  Notice of requisition.  (a)  The governor or mayor may requisition and take over any materials, facilities, or real property or improvements, required for the purposes of this chapter, or requisition and take over the temporary use thereof.  The requisition shall be made by serving notice upon any person found in occupation of the premises or having the property in the person's custody, possession, or control; provided that a like notice shall also be served upon any person who has filed with the governor or mayor, or with such person as the governor or mayor may designate for the purpose, a request for notice with respect to the property; provided further that whenever all persons entitled to compensation for the property have not been served in the manner aforesaid, the governor or mayor shall publish a notice of the requisition at the earliest practicable date.

     (b)  A requisition shall terminate automatically sixty days after the issuance of a proclamation of a state of emergency in the State or local state of emergency, respectively, or by a separate proclamation of the governor or mayor, whichever occurs first. [L 2014, c 111, pt of §2]

 

Law Journals and Reviews

 

  Hoist the Yellow Flag and Spam® Up:  The Separation of Powers Limitation on Hawai`i's Emergency Authority.  43 UH L. Rev. 71 (2020).