§200-44 - Possession by interested party. - Hawaii Statutes

     §200-44  Possession by interested party.  Any person having an interest in the vessel may take possession of the vessel prior to the date of public auction upon payment to the department of all use fees, towing, handling and storage charges, appraisal and advertising expenses, and any other expenses incurred by the department in connection with the vessel.  If the person taking possession of the vessel is not the registered or documented owner, the person, prior to taking possession of the vessel, shall pay the foregoing expenses and post security satisfactory to the department which shall not exceed the value of the vessel.  The security, if not forfeited, shall be returned to the person posting it within two years after receipt. [L 1991, c 272, pt of §2; am L 2004, c 70, §3]

 

Case Notes

 

  State had no statutory basis upon which to charge fees for the impoundment and disposal of vessel under §200-49 or this section where vessel had not been repossessed and State had engaged in the negotiated sale of the vessel for a purchase price of $0.00.  91 H. 1, 979 P.2d 586.