In any action, suit, or proceeding brought by a utility, in the state courts, to set aside, restrain, or postpone the payment or collection of any tax levied upon the property of the utility, no injunction, order, or writ to enjoin or restrain the payment or collection of the tax may issue, or be continued in force, unless said company pays to the county treasurer of each county in which a portion of such property is located, for the use of the county, the amount of taxes which the court shall determine primarily to be justly and equitably due from such company. Such primary determination must be made by the state court in which the action, suit, or proceeding is pending, upon motion, summarily and without delay.

Terms Used In North Dakota Code 57-08-05

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49