ยง668-14 - Sales; auction, notice.
ยง668-14ย Sales; auction, notice.ย All
sales of any property in partition shall be made at public auction, after
publication of notice with a brief description of the property to be sold, in
at least one newspaper published in the State and having a general circulation
in each circuit within which the property is situated, at least once in each of
four successive weeks, the first publication to be not less than thirty days
prior to the date of sale.ย The notice otherwise shall be in accordance with
the direction or order of the court.ย All sales shall be subject to the
approval of and confirmation by the court, and shall be promptly and fully
reported by the commissioners to the court. [L 1923, c 178, ยง14; RL 1925,
ยง2774; RL 1935, ยง4753; RL 1945, ยง12463; RL 1955, ยง337-14; HRS ยง668-14; am L
1972, c 90, ยง11(p)]
Cross References
ย Publication, how made, see ยง601-13.
Case Notes
ย Read in pari materia, ยง668-1 and this section, relating to
the partition of real property, vest the circuit court with equitable discretion
in judicial sales of such property, to reopen bidding after public auction but
before confirmation of the public auction bid, and the court's rejection of
confirmation of the highest bid submitted at a public auction does not require
a showing that inadequacy of the bid amounted to fraud.ย 104 H. 119, 85 P.3d
644.