An injunction may be granted to enjoin the enforcement of a void judgment, the illegal levy of any tax, charge or assessment, or the collection of any illegal tax, charge or assessment, or any proceeding to enforce the same; and any number of persons whose property is affected by a tax or assessment so levied may unite in the petition filed to obtain such injunction. An injunction may be granted in the name of the state to enjoin and suppress the keeping and maintaining of a common nuisance. The petition therefor shall be verified by the district attorney of the proper county, or by the Attorney General, upon information and belief, and no bond shall be required, but the county shall, in all other respects, be liable as other plaintiffs.
§ 1397.Tax Or Nuisance May Be Enjoined - Petition - No Bond Required
Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1397 authorizes an injunction against enforcing a void judgment or collecting an illegal tax, charge, or assessment, letting affected property owners join one petition, and separately authorizes an injunction in the state's name to suppress a common nuisance, verified by the district attorney or Attorney General, without a bond.
Full Text of § 1397
Amendment History
R.L.1910, § 4881.
Plain-English Summary
This section covers two distinct situations. The first is a taxpayer's remedy: an injunction can stop enforcement of a void judgment, an illegal levy of a tax, charge, or assessment, or the collection of one, or any proceeding to enforce it. Because illegal levies often hit many property owners at once, the section lets any number of them join together in a single petition for the injunction.
The second situation is a public one. An injunction can issue in the name of the state itself to enjoin and suppress a common nuisance. That petition must be verified by the district attorney of the proper county, or by the Attorney General, based on information and belief. And unlike the ordinary injunction bond Section 1392 requires, no bond is needed here -- though the county remains liable in every other respect just like any other plaintiff.
Frequently Asked Questions
Can I get an injunction to stop an illegal tax from being collected?
Yes. Section 1397 allows an injunction against the illegal levy or collection of a tax, charge, or assessment, or any proceeding to enforce it.
Can several property owners join together to challenge the same illegal tax?
Yes, any number of persons whose property is affected by the same tax or assessment may unite in one petition.
Who can bring an injunction to suppress a public nuisance?
The petition is brought in the name of the state, verified by the district attorney of the proper county or by the Attorney General, upon information and belief.
Does the state have to post a bond to enjoin a nuisance?
No. This section requires no bond, though the county remains liable in all other respects as any other plaintiff would be.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: enjoin illegal tax oklahoma12 O.S. § 1397injunction to suppress nuisance oklahoma no bondvoid judgment injunction oklahoma