§246-56  Tax liens; foreclosure withoutsuit, notice.  All real property on which a lien for taxes exists may besold by way of foreclosure without suit by the tax collector, and in case anylien, or any part thereof, has existed thereon for three years, shall be soldby the tax collector at public auction to the highest bidder, for cash, tosatisfy the lien, together with all interest, penalties, costs, and expensesdue or incurred on account of the tax, lien, and sale, the surplus, if any, tobe rendered to the person thereto entitled.  The sale shall be held at anypublic place proper for sales on execution, after public notice given at leastonce a week for at least four successive weeks immediately prior theretostatewide and in the taxation district wherein the property to be sold issituated.  If the address of the owner is known or can be ascertained by duediligence, including an abstract of title or title search, the tax collectorshall send to each owner notice of the proposed sale by registered mail, withrequest for return receipt.  If the address of the owner is unknown, the taxcollector shall send a notice to the owner at the owner's last known address asshown on the records of the department of taxation.  The notice shall bedeposited in the mail at least forty-five days prior to the date set for thesale.  The notice shall also be posted for a like period in at least threeconspicuous places within the taxation district, and if the land is improvedone of the three postings shall be on the land. [L 1932 2d, c 40, pt of §66; RL1935, pt of §1961; RL 1945, pt of §5168; am L 1955, c 238, §5; RL 1955,§128-39; am L 1967, c 37, §1; HRS §246-56; am L 1976, c 71, §1; gen ch 1985; amL 1998, c 2, §70]

 

Case Notes

 

  Rights of creditorsin redeemed property.  39 H. 378.

  Notice provisionsheld unconstitutional.  64 H. 4, 635 P.2d 938.