§ 25. Powers in event of attack. 1. Notwithstanding any other law, in
the event of attack within the state or a state with which this state
has a mutual aid compact for civil defense, to the extent it deems it
necessary or proper, the commission may: (a) assume direct operational
control of any or all civil defense forces; (b) order, direct, require
and use the personnel, materials, facilities and services of any agency,
public officer, or political subdivision of the state, or any part
thereof, at any place within the state where in the opinion of the
commission they are needed to effect the purposes of this article; (c)
with the approval of the governor, order, direct, require and use such
personnel, materials, facilities and services without the state to
implement any mutual aid arrangement, agreement or compact; (d) take,
use or destroy any and all real or personal property, or any interest
therein, necessary or proper for the purposes of civil defense; (e)
execute any or all of the civil defense powers and duties of any county
or city after notifying the chief executive officer of such county or
city if such notification is possible.

2. Notwithstanding any other law, subject to the plans, regulations
and orders of the council and commission: (a) in the event of or in
anticipation of attack within such county or city or so near thereto
that it jeopardizes the safety or health of the people thereof or within
a county or city with which it has agreements or arrangements for mutual
aid, a county or city may provide for and compel the evacuation of any
person if such person has no home or if the continued use of his home
jeopardizes his own safety or that of others; (b) in the event of such
attack such county or city shall control all pedestrian and vehicular
traffic, transportation and communication facilities and public
utilities; provide medical treatment, food, clothing, shelter and care
for the injured and needy; provide for public safety and the protection
and conservation of property; provide for the identification and
disposition of the dead; and provide for the restoration of essential
services and facilities; (c) in the event of such attack and to the
extent necessary to perform such functions, and as authorized by the
council or commission, it may take, use or destroy real or personal
property and impress persons into service for the performance of such
work.

3. The taking of private property pursuant to this section by or at
the express order of the commission, whether for temporary or permanent
use or for destruction, shall be in the name of and payment shall be
made by the state. An appropriate record, in the form prescribed by the
commission, shall be kept and a copy thereof furnished, whenever
possible, to the owner from whom the property is taken. Each such owner
shall be entitled to just compensation for the taking and may file a
claim, to be designated as an "emergency claim," pursuant to the court
of claims act, against the state for such compensation. To the extent
necessary to expedite the hearing, determination and payment of such
claims, the governor shall appoint, as emergency claims referees, one or
more qualified attorneys admitted to practice before the courts of this
state. Such referees shall be paid out of funds appropriated for such
purpose at a rate to be fixed by the governor within the amount of the
appropriation or allocation therefor.

When an emergency claim has been filed with the court of claims, the
presiding judge forthwith may refer it to an emergency claims referee.
The referee forthwith and on notice to the claimant and to the
attorney-general shall set a date and place for the hearing and
determination of the claim. The referee shall have all the powers now
vested in the court of claims, or in a judge thereof, in the hearing and
determination of the claim. His determination shall be in writing and
shall be made within thirty days after the hearing shall have been
closed. It shall be filed forthwith in the office of the clerk of the
court of claims and shall be entered in the official records as a
judgment or order of that court. Any claimant or the state shall have
the right to appeal, as now provided by law, from such determination and
judgment. The provisions of the court of claims act, with respect to
real property taken by appropriation, shall apply to the taking of real
property pursuant to this section so far as practicable.

The procedure herein provided shall not be deemed exclusive and no
claim shall be required to be filed, heard and determined as an
"emergency claim" if the claimant elects to proceed as otherwise
provided by the court of claims act.

Such court or referee may defer action on any emergency claim pursuant
to this section pending consideration by the federal civil defense
administrator or any agency of the federal government of a claim based
on the same taking. The award by such court or referee shall take into
consideration any moneys that may be made available by the federal
government with respect to such taking.

4. Except as provided in subdivision three of this section, the taking
of private property by a county or city pursuant to this section shall
be in the name of such county or city. An appropriate record, in the
form prescribed by the commission, shall be kept and a copy thereof
furnished, whenever possible, to the owner from whom the property is
taken. Such county or city shall make just compensation to the owner
thereof in the manner provided by law for the determination of
compensation to be paid for the taking of real property by such county
or city.