§ 11. Additional emergency powers
In the event of an all-hazards event, the Governor may exercise any or all of the
following additional powers:
(1) To authorize any department or agency of the State to lease or lend, on such terms
and conditions and for a period related to the declaration of emergency to promote
the public welfare and protect the interests of the State, any real or personal property
of the State government.
(2) To enter into a contract on behalf of the State for the lease or loan, on such terms
and conditions and for such period as the Governor deems necessary to promote the
public welfare and protect the interests of the State, of any real or personal property
of the State government, or the temporary transfer or employment of personnel thereof
to any town or city of the State. The chief executive, the chair or president of the
legislative branch, or the emergency management director of the town or city is authorized
for and in the name of the town or city to enter into the contract with the Governor
for the leasing or lending of the property and personnel, and the chief executive,
the chair or president of the legislative branch, or the emergency management director
of the town or city may equip, maintain, utilize, and operate such property except
news outlets, radio stations, places of worship and assembly, and other facilities
for the exercise of constitutional freedom, and employ necessary personnel in accordance
with the purposes for which such contract is executed.
(3) To seize, take, or condemn property for the protection of the public or at the request
of the President, or his or her authorized representatives including:
(A) All means of transportation;
(B) All stocks of fuel of whatever nature;
(C) Food, clothing, equipment, materials, medicines, and all supplies;
(D) Facilities, including buildings and plants; provided that neither this nor any other
authority in this chapter shall be deemed to authorize the eviction of a householder
and his or her family from their own home.
(4) To sell, lend, give, or distribute all or any such property among the inhabitants
of the State and to account to the State Treasurer for any funds received for such
property.
(5) To make compensation for the property seized, taken, or condemned on the following
basis:
(A) Whenever the Governor deems it advisable for the State to take property for temporary
use or to take property permanently, the Governor, at the time of the taking, shall
fix the amount of compensation to be paid for the property. In case the property is
taken for temporary use and returned to the owner in a damaged condition the Governor
shall fix the amount of compensation to be paid for the damage.
(B) Whenever the Governor deems it advisable for the State to temporarily or permanently
take title to property taken under this section, the Governor shall notify the owner
of the property of the taking in writing by registered mail or in person, and shall
file a copy of the notice with the Secretary of State.
(C) Any owner of property of which possession has been either temporarily or permanently
taken under the provisions of this chapter to whom no award has been made or who is
dissatisfied with the amount awarded by the Governor may file a petition in the Superior
Court within the county wherein the property was situated at the time of taking to
have the amount to which the owner is entitled by way of damages or compensation determined,
and either the petitioner or the State shall have the right to have the amount of
such damages or compensation fixed after hearing by three disinterested appraisers
appointed by the court, and who shall operate under substantive and administrative
procedure to be established by the Superior judges. If the owner of the property is
dissatisfied with the award of the appraisers, the owner may appeal the award to the
Superior Court and thereafter have a trial by jury to determine the amount of the
damages or compensation. The court costs of a proceeding brought under this section
by the owner of the property shall be paid by the State, and the fees and expenses
of any attorney for the owner shall also be paid by the State after allowances by
the court in which the petition is brought in an amount determined by the court. The
statute of limitations shall not apply to proceedings brought by owners of property
under this section for and during the time that any court having jurisdiction over
the proceedings is prevented from holding its usual and stated sessions due to conditions
resulting from emergencies described in this chapter.
(6) To perform and exercise other functions, powers, and duties as necessary to promote
and secure the safety and protection of the civilian population. (Amended 1959, No. 23, § 3, eff. March 6, 1959; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 4, eff. March 9, 1985; 2005, No. 209 (Adj. Sess.), § 12; 2021, No. 20, § 117; 2023, No. 143 (Adj. Sess.), § 28, eff. July 1, 2024.)