§322-33  Foreclosure.  The lien may beforeclosed at any time after six months and within five years from the date ofthe recording required by section 322-32 by suit in equity or without suit bypublic sale by the comptroller in the name of the State.  Foreclosure by publicsale shall be preceded by the publication of a notice, setting forth the timeand place of the sale, the amount of the lien, and a brief description of theland, for at least six times, in a weekly paper published in the county where theland is situated.  The land shall be offered for sale at public auction at anupset price equal to the amount of the lien, and the cost of all advertisingand other costs incurred, and if no higher price is bid, shall be declared soldto the State, which in such case shall be deemed to be the purchaser at theupset price.  The sale shall be effectual to convey the title to the purchaser,and a conveyance of the land to the purchaser may be executed in the name ofthe State by the comptroller.  Only the balance of the purchase price, afterdeducting the amount of the lien and costs, or, in case there is no balance oran insufficient balance, only an amount equal to the value of the land as lastpreviously assessed for taxation, shall be subject to claims against theState.  In case the State is the purchaser, the amount of the assessed valueshall be payable out of any funds provided therefor, and the land may be soldat any time thereafter at public auction, after due notice, at an upset priceequal to the value of the land as determined by one or more, but not more thanthree disinterested appraisers appointed by the comptroller, and the proceedsof the sale turned into the fund provided therefor.  In case of uncertainty asto the person to whom the balance or assessed value should be paid or itsapportionment among two or more persons, it may be deposited in the circuitcourt for the benefit of whom it may concern. [L 1896, c 61, §9; am L 1911, c112, §10; am L 1915, c 149, §1; RL 1925, §987; RL 1935, §1337; RL 1945, §2728;am L 1953, c 210, §1; RL 1955, §47-32; am L Sp 1959 2d, c 1, §12; HRS §322-33]

 

Rules of Court

 

  As to one form of action, see HRCP rules 1, 2, 81(i).