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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.

If the Board of Minerals and Environment fails to bring suit to enjoin a violation or threatened violation of any provision of this chapter, or any rule or order of the board within ten days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person's own behalf to restrain the violation or threatened violation in any court in which the board might have brought suit. The board shall be made a party defendant in the suit in addition to the person violating or threatening to violate a provision of this chapter, or rule or order of the board, and the action shall proceed and injunctive relief may be granted to the board without bond in the same manner as if suit had been brought by the board.

Source: SDC Supp 1960, § 42.0715 (2) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 253.

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