§246-63  Disposition of surplus moneys. 
The officer charged with the duty of distributing the surplus arising from a
tax sale under sections 246-56 to 246-61 shall pay from the surplus all taxes,
including interest and penalties, of whatsoever nature and howsoever accruing,
as provided in section 246-55, and further the officer may pay from the surplus
the cost of a search of any records where such search is deemed advisable by
the officer to ascertain the person or persons entitled to the surplus; provided
nothing herein contained shall be construed to require the tax collector to
make or cause any such search to be made.  If the officer is in doubt as to the
person or persons entitled to the balance of the fund the officer may refuse to
distribute the surplus and any claimant may sue the officer or the officer's
successor in office in the circuit court in the circuit within which the
property sold was situated.  The officer may require the claimants to
interplead, in which event the officer shall state the names of all claimants
known to the officer, and shall cause them to be made parties to the action. 
If in the officer's opinion there may be other claimants who are unknown, the
officer may apply for an order or orders joining all persons unknown having or
claiming to have any legal or equitable right, title, or interest in the moneys
or any part thereof or any lien or other claim with respect thereto.



Any orders of the court or summons in the
matter may be served as provided by law or the rules of court, and all persons
having any interest in the moneys who are known, including the guardians of
such of them as are under legal age or under any other legal disability (and if
any one or more of them is under legal age or under other legal disability and without
a guardian the court shall appoint a guardian ad litem to represent them
therein) shall have notice of the action by personal service upon them.  All
persons having any interest in the moneys whose names are unknown or who if
known do not reside within the State, or for any reason cannot be served with
process within the State shall have notice of the action as provided by
sections 634-23 to 634-27, except that any publication of summons shall be in
at least one newspaper published in the State and having a general circulation
in the circuit within which the property sold was situated, and the form of
notice to be published shall provide a brief description of the property which
was sold.



All expenses incurred by the officer shall be
met out of the surplus moneys realized from the sale. [L 1939, c 221, §9; am L
1941, c 255, §2; RL 1945, §5170; RL 1955, §128-46; am L Sp 1959 2d, c 1, §14;
am L 1963, c 114, §1; HRS §246-63; am L 1973, c 133, §10; am L 1974, c 75, §8;
gen ch 1985; am L 1986, c 339, §23]



 



Cross References



 



  Notice by certified
mail, see §1‑28.