231-29 Joinder of party defendant when State claims tax liens. The director of taxation (or in the case of a lien under chapter 383, the director of labor and industrial relations) may be named a party defendant in any civil action in any state court of competent jurisdiction or in the district court of the United States for the district of Hawaii, to quiet title to or for the foreclosure of a mortgage or other lien upon real or personal property on which the State has or claims a tax lien under chapters of the law under title 14 administered by the department or chapter 383; provided that the jurisdiction conferred by this section shall be limited and shall not operate as a consent by the State to be sued as to its claim of title to or liens and encumbrances on real and personal property other than the liens aforementioned. Service upon the director shall be made as provided by the rules of court. In any action contemplated under this section, the director may ask, by way of affirmative relief, for the foreclosure of the aforementioned state tax liens, but in the absence of such request for affirmative relief, upon any foreclosure sale the property shall be sold subject to the tax liens. Nothing in this section shall preclude the director from asking for such other and further relief as might have been claimed by intervention in the action. [L 1953, c 187, 1; RL 1955, 115-34; am L 1957, c 185, 4; am L Sp 1959 2d, c 1, 16; HRS 231-29; am L 1973, c 133, 1; am L 1985, c 16, 6; am L 1986, c 340, 6; am L 1991, c 263, 9; am L 1995, c 66, 9]

 

Cross References

 

Service by mail, see 1-28.

 

Rules of Court

 

Service, see HRCP rule 4(d)(5).

As to pleading, see HRCP rules 7, 8, 12.

 

 

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