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§ 45-9-71 Action for injunction--Service--Order.

SD Codified L § 45-9-71 (2019) (N/A)
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45-9-71. Action for injunction--Service--Order. If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule 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 the person in the circuit court for any county where the violation is occurring or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of any such suit, summons issued to the person may be directed to the sheriff of any county in this state for service by the sheriff. In any such suit, the court has jurisdiction to grant to the board, without bond or other undertaking, such prohibitory and mandatory injunctions as the facts 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; SL 2011, ch 165, § 252.

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§ 45-9-72 Failure of board to enjoin violation on request of person adversely affected--Action for injunction by affected person.