Section 45-9-71 - Violation of law, rule, regulation, or order--Action for injunction by board, venue,jurisdiction of circuit court, bond not required. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-09 > Statute-45-9-71

45-9-71. Violation of law, rule, regulation, or order--Action for injunction by board, venue, jurisdiction of circuit court, bond not required. 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 Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against such person in the circuit court for 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. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this state for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the fact may warrant, including temporary restraining orders and preliminary injunctions.

Source: SL 1943, ch 153, § 11; SDC Supp 1960, § 42.0711; SDC Supp 1960, § 42.0715 (1) as enacted by SL 1961, ch 211, § 1.

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-09 > Statute-45-9-71

45-9-71. Violation of law, rule, regulation, or order--Action for injunction by board, venue, jurisdiction of circuit court, bond not required. 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 Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against such person in the circuit court for 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. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this state for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the fact may warrant, including temporary restraining orders and preliminary injunctions.

Source: SL 1943, ch 153, § 11; SDC Supp 1960, § 42.0711; SDC Supp 1960, § 42.0715 (1) as enacted by SL 1961, ch 211, § 1.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-45 > Chapter-09 > Statute-45-9-71

45-9-71. Violation of law, rule, regulation, or order--Action for injunction by board, venue, jurisdiction of circuit court, bond not required. 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 Board of Minerals and Environment, and unless the board without litigation can effectively prevent violation or threat of violation, the board shall bring suit against such person in the circuit court for 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. Upon the filing of any such suit, summons issued to such person may be directed to the sheriff of any county in this state for service by such sheriff or his deputies. In any such suit, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the fact may warrant, including temporary restraining orders and preliminary injunctions.

Source: SL 1943, ch 153, § 11; SDC Supp 1960, § 42.0711; SDC Supp 1960, § 42.0715 (1) as enacted by SL 1961, ch 211, § 1.