When leasehold premises are closed under an injunctional order or have been adjudged to be a nuisance, the owner thereof shall have the right to terminate the lease by giving three days’ notice thereof in writing to the tenant, and after giving such notice, if the owner shall prove to the court that the owner was without fault, and had not knowingly nor negligently permitted the    keeping or maintaining of the nuisance complained of, the premises shall be turned over to the owner upon the order of the court. The release of the property shall be upon the condition that the nuisance shall not be continued and that the return of the property shall not release any lien upon said property occasioned by any prosecution of the tenant. If the owner appears and pays all costs of the proceedings and files a bond with sureties to be approved by the court, conditioned that the owner immediately will abate said nuisance and will prevent it from being established or kept therein within the period of one year thereafter, the court or the judge, if satisfied of the owner’s good faith, may order that the premises taken and closed be released and the said order of abatement canceled so far as it may relate to said property.

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Terms Used In North Dakota Code 42-02-06

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • year: means twelve consecutive months. See North Dakota Code 1-01-33