Section 78. Failure to comply with conditions of grant; annulment

On or
  before the tenth day of January in each year the commissioner of general
  services shall examine the records of all grants of land under water for
  which patents  shall  have  been  issued  containing  conditions  to  be
  complied  with  within  fixed  period  of  time  after the issue of such
  patents and make a list of all such grants containing such conditions of
  which the periods for performance have expired. It  shall  thereupon  be
  the   duty   of  the  commissioner  of  general  services  to  cause  an
  investigation to be made without delay for the purpose  of  ascertaining
  whether  or  not compliance with the conditions contained in such grants
  shall  have  been  had,   and   he   shall   report   thereon   to   the
  attorney-general.  It shall be the duty of the attorney-general to begin
  actions against all such patentees or their successors  in  interest  or
  assigns  for  the annulment of all patents the conditions of which shall
  be found not to have been complied with within the period fixed in  such
  grants for compliance.