(a) When in the judgment of the commissioner a person has violated or is about to violate a provision of this chapter or an obligation, condition, or provision of a right-of-way lease, the attorney general, on advice of the commissioner, shall seek a prohibition or mandatory injunction from the superior court to remedy the violation.
(b) A penalty imposed by the provisions of a right-of-way lease issued under this chapter may be enforced in the superior court by proceedings in personam against the lessee carrier, or, in the case of a lien, by proceedings in rem against any of the lessee carrier's property.
(c) Neither this section nor the state's obtaining an injunction or recovering penalties extinguishes any civil cause of action arising out of a violation of this chapter or the provisions of a right-of-way lease.
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.