North Dakota Code § 38-08-17

Action to restrain violation or threatened violation
Open in Lexace · Ask the AI about this section
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.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.