ยง172-5 - Hearing, foreclosure.
ยง172-5ย Hearing, foreclosure.ย If in anycase, an appearance is entered and answer filed, the cause shall be set downfor hearing on the motion of either party, but an order of default may first beentered against all persons who do not appear and answer in the manner providedin section 172-4.ย If on the trial of the cause it appears that commutation isdue the State on the land in question, or in case of an order of default havingbeen entered, the judge may make an order that unless the amount of the commutation,together with all costs accrued, is paid within thirty days, the property or somuch thereof as may be necessary, shall be sold at public auction to thehighest bidder to satisfy the government's lien for commutation, together withinterest, costs of appraisement, the costs of publication of the notice hereinprovided for, costs of court and of sale, and that the owner or owners of theproperty and their predecessors in title shall be forever foreclosed and barredfrom any right to redeem the property so sold. [L 1909, c 90, ยง5; RL 1925,ยง574; RL 1935, ยง1605; RL 1945, ยง4635; RL 1955, ยง100-5; HRS ยง172-5]
Rules of Court
ย Assignment of cases for trial, see HRCP rule 40.