§668-9  Unknown and absent owners.  The
court shall in all cases provide for the protection of the interests of all
unknown owners and other owners served under sections 634-23 or 634-24 who do
not appear in the action, in the same manner as far as may be as if they were
known and had appeared in the action.  In every case their rights must appear
to the satisfaction of the court, but the court may consider them together in
the action without considering them separately.  The ascertained share of any
such owner in any proceeds of sale shall be paid into court for the owner's
benefit, subject to disposition according to law.  If there are any unknown
owners of any share or interest, or any other owners served under sections
634-23 or 634-24 who do not appear in the action, the court shall have power in
making the general partition to allot and set apart for such share such a
portion or portions of the property as the owners thereof would respectively be
entitled to receive in the partition were they known and had appeared in the
action.  The portion so set apart for such share shall thereafter alone be the
subject of ownership by such owner if the owner has been served.  The remaining
portions of the property shall be regarded as belonging to the other parties
interested therein. [L 1923, c 178, §9; RL 1925, §2769; RL 1935, §4748; RL
1945, §12458; RL 1955, §337-9; HRS §668-9; am L 1972, c 90, §11(m); gen ch
1985]



 



Case Notes



 



  Although this section vests the trial court with authority to
designate that portion of the property as to those "owners who do not
appear in the action" such as defendants, it does not mandate that the
trial court exercise that power in every case; where trial court did not
specifically partition the common interests of defendants, the fact that it
chose not to do so did not mean that in exercising its discretion in
subdividing the property into two rather than three lots, it violated this
section.  106 H. 501, 107 P.3d 430.