New Mexico § 70-2-27 - Temporary restraining order or injunction; grounds; hearing; bond

§ 70-2-27. Temporary restraining order or injunction; grounds; hearing; bond

A. No temporary restraining order or injunction of any kind shall be granted against

the commission or the members thereof, or against the attorney general, or against

any agent, employee or representative of the division, restraining the commission,

or any of its members, or the division or any of its agents, employees or representatives,

or the attorney general, from enforcing any statute of this state relating to conservation

of oil or gas, or any of the provisions of this act, or any rule, regulation or order

made thereunder, except after due notice to the director of the division, and to all

other defendants, and after a hearing at which it shall be clearly shown to the court

that the act done or threatened is without sanction of law, or that the provision

of this act, or the rule, regulation or order complained of, is invalid, and that,

if enforced against the complaining party, will cause an irreparable injury. With respect to an order to [or] decree granting temporary injunctive relief, the

nature and extent of the probable invalidity of the state, or of any provision of

this act, or of any rule, regulation or order thereunder involved in such suit, must

be recited in the order or decree granting the temporary relief, as well as a clear

statement of the probable damage relied upon by the court as justifying temporary

injunctive relief. B. No temporary injunction of any kind, including a temporary restraining order against

the commission or the members thereof, or the division or its agents, employees or

representatives, or the attorney general, shall become effective until the plaintiff

shall execute a bond to the state with sufficient surety in an amount to be fixed

by the court reasonably sufficient to indemnify all persons who may suffer damage

by reason of the violation pendente lite by the complaining party of the statute or

the provisions of this act or of any rule, regulation or order complained of. Any person so suffering damage may bring suit thereon before the expiration of six

months after the statute, provision, rule, regulation or order complained of shall

be finally held to be valid, in whole or in part, or such suit against the commission,

or the members thereof, or the division, shall be finally dismissed. Such bond shall be approved by the judge of the court in which the suit is pending,

and shall be for the use and benefit of all persons who may suffer damage by reason

of the violation pendente lite of the statute, provision, rule, regulation or order

complained of in such suit, and who may bring suit within the time prescribed by this

section; and such bond shall be so conditioned. From time to time, on motion and with notice to the parties, the court may increase

or decrease the amount of the bond and may require new or additional sureties, as

the facts may warrant.