Failure to begin construction of the pipeline facility within a reasonable time of the granting of a right-of-way lease under this chapter for reasons within the control of the lessee or failure of an owner of an interest in the granted right-of-way substantially to comply with the terms of the right-of-way shall be grounds for forfeiture of the right-of-way interest of the lessee or owner in an action brought by the commissioner in the superior court. Before the commencement of any action for forfeiture of an interest in a right-of-way under this section, the commissioner shall give the lessee or owner of the interest notice in writing of the alleged default and shall not commence the proceeding unless the lessee or owner of the interest has failed to initiate good faith efforts to cure the default within 60 days of the notice of the alleged default.
Structure Alaska Statutes
Chapter 35. Right-of-Way Leasing Act
Sec. 38.35.010. Legislative declaration of policy.
Sec. 38.35.015. Powers of the commissioner.
Sec. 38.35.017. Limitation on leases in or adjacent to the Beaufort Sea.
Sec. 38.35.020. Grant of right-of-way lease.
Sec. 38.35.030. Abandonment, reduction, or impairment of service of pipeline.
Sec. 38.35.050. Applications for right-of-way leases.
Sec. 38.35.070. Notice of application.
Sec. 38.35.080. Analysis and public hearing.
Sec. 38.35.090. Multiple applications for same lease.
Sec. 38.35.100. Decision on application.
Sec. 38.35.110. Term of lease; continuation.
Sec. 38.35.122. Products pipeline leases.
Sec. 38.35.130. Right-of-way easements or leases acquired from others.
Sec. 38.35.140. Payment of rental and costs.
Sec. 38.35.145. Agreement to provide for payment of preapplication costs.
Sec. 38.35.170. Forfeiture of lease.
Sec. 38.35.180. Suits to enjoin or recover damages for defaults.
Sec. 38.35.190. Application of the Administrative Procedure Act.
Sec. 38.35.200. Judicial review.
Sec. 38.35.205. Lease savings clause.
Sec. 38.35.210. Delegation of commissioner's authority.
Sec. 38.35.220. Continued operation of certain carriers.