§ 15-72-402 — Finding oil and gas to be contraband - Bringing action for seizure and sale

(a) (1) Apart from, and in addition to, any other remedy or procedure which may be available to the Oil and Gas Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas, and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as provided in § 15-72-406 . (2) Sale shall not take place unless the circuit court shall find, in the proceeding provided for in this subchapter, that the commodity involved is contraband. (b) (1) Whenever the commission believes that illegal oil, illegal gas, or illegal product is subject to seizure and sale, as provided in this subchapter, it shall, through its attorney or the Attorney General, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving the illegal oil, illegal gas, or illegal product. (2) Any interested person who may show himself or herself to be adversely affected by the seizure and sale shall have the right to intervene in the suit to protect his or her rights. (3) This action referred to shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas, or illegal product mentioned in the complaint, as defendant. No bond shall be required of the plaintiff in connection therewith.

Legislative History

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.