§ 113-408. Enjoining violation of laws and rules; service of process; application for drilling well to include residence address of applicant.
§ 113‑408. Enjoining violation of laws and rules; service of process; application fordrilling well to include residence address of applicant.
Whenever it shall appear that any person is violating, or threateningto violate, any statute of this State with respect to the conservation of oilor gas, or both, or any provision of this law, or any rule or order madethereunder by any act done in the operation of any well producing oil or gas,or by omitting any act required to be done thereunder, the Department, throughthe Attorney General, may bring suit against such person in the superior courtin the county in which the well in question is located, to restrain such personor persons from continuing such violation or from carrying out the threat ofviolation. In such suit the Department may obtain injunctions, prohibitory andmandatory, including temporary restraining orders and temporary injunctions, asthe facts may warrant, including, when appropriate, an injunction restrainingany person from moving or disposing of illegal oil, illegal gas or illegalproduct, and any or all such commodities may be ordered to be impounded orplaced under the control of an agent appointed by the court if, in the judgmentof the court, such action is advisable.
If any such defendant cannot be personally served with summons in thatcounty, personal jurisdiction of that defendant in such suit may be obtained byservice made on any employee or agent of that defendant working on or about theoil or gas well involved in such suit, and by the Department mailing a copy ofthe complaint in the action to the defendant at the address of the defendantthen recorded with the director of production and conservation.
Each application for the drilling of a well in search of oil or gas inthis State shall include the address of the residence of the applicant or eachapplicant, which address shall be the address of each person involved inaccordance with the records of the director of production and conservation,until such address is changed on the records of the Department after writtenrequest. (1945, c. 702, s.28; 1973, c. 1262, s. 86; 1987, c. 827, s. 121.)