North Dakota Century Code — Title 57 (Taxation)
N.D.C.C. § 57-51-11
Lien for tax - Preservation of lien - Satisfaction of lien
# 1.
The tax, penalty, and interest provided for in this chapter is, at all times, a first and paramount lien against the purchaser's or producer's property as the case may be, both real and personal. The provisions of this chapter making the purchaser liable to pay the tax and requiring the producer to pay the royalty owner's tax do not release the producer or purchaser from that liability. If the tax, penalty, and interest is not paid, it may be recovered at the suit of the state, upon relation to the commissioner, in any court of competent jurisdiction of the county where any such property, assets, and effects are located.
# 2.
Any judgment creditor, or lien claimant acquiring any interest in, or lien on, any property situated in this state, prior to the commissioner filing in the central indexing system maintained by the secretary of state, a notice of the lien provided for in this section, takes free of, or has priority over, the lien. The commissioner shall index in the central indexing system the following data:
a. The name of the taxpayer.
b. The name "State of North Dakota" as claimant.
c. The date and time the notice of lien was indexed.
d. The amount of the lien.
e. The internal revenue service taxpayer identification number or social security number of the taxpayer.
The notice of lien is effective as of eight a.m. of the first day following the indexing of the notice. A notice of lien filed by the commissioner before August 1, 1997, may be indexed in the central indexing system without changing its original priority as to property in the county where the lien was filed.
# 3.
Upon the payment of tax, penalty, and interest, if applicable, or a penalty assessed under section 57-51-06, as to which the commissioner has indexed a notice in the central indexing system, the commissioner shall index a satisfaction of the lien in the central indexing system.
# 4.
The commissioner is exempt from the payment of the fees otherwise provided for by law for the indexing of the lien or satisfaction.
Source: view the official PDF
In this chapter (27 sections)
- 57-51-01 · Definitions
- 57-51-02 · Gross production tax - Oil
- 57-51-02.1 · Type of tax
- 57-51-02.2 · Gross production tax - Gas
- 57-51-02.3 · Valuation of oil - Alternatives - Exceptions
- 57-51-02.4 · Shallow gas - Gross production tax exemption
- 57-51-02.5 · Exemption of gas for electrical generation at well site
- 57-51-03 · Gross production tax to be in lieu of other taxes
- 57-51-04 · Equipment used in production exempt from ad valorem tax
- 57-51-05.1 · Reclamation of oil - Refiner to pay tax - Reports required
- 57-51-07 · Powers of commissioner
- 57-51-09 · Commissioner shall compute tax on incorrect returns
- 57-51-10 · Proceedings and penalty on delinquency
- 57-51-11 · Lien for tax - Preservation of lien - Satisfaction of lien
- 57-51-12 · Delinquent taxes - Sale of property
- 57-51-13 · False report deemed perjury
- 57-51-14 · Duties of commissioner and state treasurer
- 57-51-15 · Gross production tax allocation - Report
- 57-51-15.1 · Energy impact fund
- 57-51-16 · Distribution of proceeds in certain cases
- 57-51-18 · Payment where ownership is in dispute - Assignment as…
- 57-51-19 · Claim for credit or refund
- 57-51-19.1 · Minimum refunds and collections
- 57-51-20 · Statements as to tax on settlements - Acceptance of…
- 57-51-21 · Rules and regulations - Bond - Reports - Actions
- 57-51-22 · Penalty
- 57-51-23 · Application of chapter