§668-14 - Sales; auction, notice. - Hawaii Statutes

     §668-14  Sales; auction, notice.  All sales of any property in partition shall be made at public auction, after publication of notice with a brief description of the property to be sold, in at least one newspaper published in the State and having a general circulation in each circuit within which the property is situated, at least once in each of four successive weeks, the first publication to be not less than thirty days prior to the date of sale.  The notice otherwise shall be in accordance with the direction or order of the court.  All sales shall be subject to the approval of and confirmation by the court, and shall be promptly and fully reported by the commissioners to the court. [L 1923, c 178, §14; RL 1925, §2774; RL 1935, §4753; RL 1945, §12463; RL 1955, §337-14; HRS §668-14; am L 1972, c 90, §11(p)]

 

Cross References

 

  Publication, how made, see §601-13.

 

Case Notes

 

  Read in pari materia, §668-1 and this section, relating to the partition of real property, vest the circuit court with equitable discretion in judicial sales of such property, to reopen bidding after public auction but before confirmation of the public auction bid, and the court's rejection of confirmation of the highest bid submitted at a public auction does not require a showing that inadequacy of the bid amounted to fraud.  104 H. 119, 85 P.3d 644.