§ 38-08-17 — Action to restrain violation or threatened violation

North Dakota § 38-08-17

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-08: Control of Gas and Oil Resources

Text

1. Whenever it appears that any person is violating or threatening to violate any provision
of this chapter, or any rule, regulation, or order of the commission, the commission
shall bring suit against such person in the district court of any county where the
violation occurs or is threatened, to restrain such person from continuing such violation
or from carrying out the threat of violation. In any such suit, the court has jurisdiction to
grant to the commission, without bond or other undertaking, such prohibitory and
mandatory injunctions as the facts may warrant, including temporary restraining
orders, preliminary injunctions, temporary, preliminary or final orders restraining the

movement or disposition of any illegal oil, illegal gas, or illegal product, any of which
the court may order to be impounded or placed in the custody of an agent appointed
by the court.
2. If the commission fails to bring suit to enjoin a violation or threatened violation of any
provision of this chapter, or any rule, regulation, or order of the commission, within ten
days after receipt of written request to do so by any person who is or will be adversely
affected by such violation, the person making such request may bring suit in the
person's own behalf to restrain such violation or threatened violation in any court in
which the commission might have brought suit. The commission must be made a party
defendant in such suit in addition to the person violating or threatening to violate a
provision of this chapter, or a rule, regulation, or order of the commission, and the
action must proceed and injunctive relief may be granted to the commission without
bond in the same manner as if suit had been brought by the commission.