How can a Garland County property owner clear a 1953 pipeline easement that was granted to a long-defunct state commission, when every state agency disclaims authority?
Plain-English summary
A Garland County property owner is pursuing a quiet-title action and ran into a stale easement: a 1953 pipeline easement granted to the State of Arkansas for the benefit of the Arkansas Resources and Development Commission (ARDC), recorded at Deed Record Book 383, pages 360-367. The easement is no longer in use. The Commission no longer exists. Every state agency the constituent contacted has disclaimed authority to release the easement. State Representative Les Warren asked the AG to identify the proper successor.
Attorney General Tim Griffin traced the easement through three statutory reorganizations:
- Act 138 of 1945 created the ARDC, which absorbed the Arkansas Forestry Commission's duties (and was tasked with resource development, conservation, and infrastructure planning).
- Act 404 of 1955 abolished the ARDC and transferred all "titles, functions, powers, and duties" to a new Arkansas Industrial Development Commission (AIDC). Section 11 of Act 404 specifically transferred "all of [the State's] right, title and interest in and to" the 1953 quitclaim deed at issue.
- 1997 renaming, then Act 910 of 2019, consolidated AIDC (renamed AEDC) under the Arkansas Department of Commerce.
The chain ends at AEDC. Because A.C.A. § 15-4-209(a)(17) and (b)(1)-(2) authorize AEDC to "enter into contracts" and "acquire or dispose of interests in real property," AEDC has the authority to release or convey the pipeline easement.
The constituent's quiet-title action can now proceed: the proper defendant for a release of the easement is the Arkansas Economic Development Commission, operating within the Department of Commerce.
What this means for you
If you're a property owner running into a stale state easement on title
Don't accept "no agency knows" as the final answer. State agencies reorganize; titles to real-property interests pass through statutory successors even when the original grantee no longer exists. Build the chain by:
- Identifying the original grantee in the deed.
- Tracing the agency's statutory history through the Acts that abolished, merged, or renamed it.
- Looking for explicit transfer language in the abolishing Act (Section 11 of Act 404 here is a perfect example).
- Identifying the modern successor and its statutory authority to release or convey real property interests.
Title attorneys can usually do this in a couple of hours of statutory research. If your title insurer won't accept the chain, ask the AG for an opinion (a state legislator can request one on your behalf).
If you're a quiet-title attorney
This opinion gives you a clean roadmap. The Commission-line tracing here is the same pattern you'll see for many mid-century easements held by abolished or merged state commissions. AEDC is the most common modern successor for industrial-development and resource-development easements. For agricultural or forestry-related easements, the successor may be the Arkansas Forestry Commission (recreated by Act 42 of 1953 and amended by Acts 99 of 1955 and 232 of 1959, separating it from the Resources and Development Commission). For natural-resource easements, the successor is now the Department of Agriculture's Natural Resources Division.
If you're working at AEDC or in the Department of Commerce
This opinion confirms your authority to release inactive real-property interests. Set up an internal process for receiving and processing release requests so quiet-title actions don't stall.
If you're a title examiner
Add the ARDC-to-AIDC-to-AEDC chain to your reference materials. Pre-1955 deeds in favor of ARDC are now AEDC's. Pre-1997 deeds in favor of AIDC are now AEDC's. Post-2019, AEDC sits within the Department of Commerce.
Common questions
Q: Why doesn't the State of Arkansas itself release the easement?
A: The State delegated authority over property to specific agencies. § 14-14-1102 (county judges) and § 15-4-209 (AEDC) are examples. The State as a generic entity doesn't have a single property officer for these legacy interests; you have to find the proper successor.
Q: What if the agency disclaims authority anyway?
A: That's the situation that prompted this opinion. The constituent had been told no by every state agency. The AG's opinion gives the owner a non-binding but persuasive document to bring back to AEDC. If AEDC still refuses, the next step is a court order under the quiet-title statutes.
Q: Does this require legislative action?
A: No. § 15-4-209 already grants AEDC the authority to dispose of real-property interests. No further legislation is needed.
Q: Could I just ignore the easement and let the title insurance carrier handle it?
A: Most title insurers will except an undisturbed pipeline easement from coverage. That clouds your title and can hurt resale value. Better to clear it.
Q: Are there filing requirements when AEDC releases the easement?
A: Yes. The release should be recorded in the same Garland County deed records. The release document should reference the original deed (Book 383, Pages 360-367) and contain the legal description.
Background and statutory framework
Mid-century Arkansas saw a lot of state-agency reorganization, and easements granted to those agencies passed through the reorganizations. The pattern in this case:
- 1945: Act 138 created the ARDC and abolished the original Arkansas Forestry Commission, transferring its duties to ARDC.
- 1953: ARDC received a quitclaim deed from Westinghouse Electric Corporation, including the pipeline easement at issue.
- 1953-1959: Acts 42 of 1953, 99 of 1955, and 232 of 1959 recreated the Forestry Commission as a separate agency, restoring its 1931 duties.
- 1955: Act 404 abolished the ARDC and created the Arkansas Industrial Development Commission (AIDC). Section 11 specifically transferred the 1953 quitclaim deed property to the AIDC.
- 1997: AIDC was renamed AEDC to reflect a broader mission beyond manufacturing.
- 2019: Act 910 placed AEDC under the Arkansas Department of Commerce as the lead economic-development agency.
A.C.A. § 15-4-209 is the AEDC's general powers statute. Subsection (a)(17) authorizes contracting; subsections (b)(1) and (b)(2) authorize acquiring and disposing of real-property interests. Together they cover release or conveyance of an easement.
Citations and references
Statutes and acts:
- Act 138 of 1945 (creation of ARDC)
- Act 404 of 1955, Section 11 (transfer of ARDC property to AIDC)
- Act 910 of 2019 (placing AEDC under Department of Commerce)
- A.C.A. § 15-4-209: AEDC powers and duties
Reference:
- Encyclopedia of Arkansas: Arkansas Economic Development Commission
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2025-081
December 18, 2025
The Honorable Les Warren
State Representative
Post Office Box 22900
Hot Springs, Arkansas 71903
Dear Representative Warren:
I am writing in response to your request for an opinion regarding the release of a pipeline easement. You explain that a constituent, through legal counsel, is pursuing a quiet-title action for property in Garland County. One potential encumbrance is a pipeline easement conveyed in 1953 to the State of Arkansas for public purposes related to the Arkansas Resources and Development Commission. According to the constituent, the easement is not currently in use, and the Commission no longer exists. You also note that every state agency contacted has disclaimed authority to release the easement and allow the quiet-title action to proceed. Finally, you have provided a copy of the quitclaim deed appearing in Deed Record Book No. 383, pages 360-367, for review.
Against this background, you ask the following questions:
- What state agency or entity is the successor in interest to the Arkansas Resources and Development Commission?
Brief response: The Arkansas Economic Development Commission is the successor in interest to the Arkansas Resources and Development Commission with respect to the quitclaim deed recorded in Deed Record Book No. 383, pages 360-367.
- What state agency or entity has or should have the legal authority to release and/or convey a public or pipeline easement?
Brief response: The Arkansas Economic Development Commission has legal authority to release or convey the pipeline easement.
DISCUSSION
Question 1: What state agency is the successor in interest to the Arkansas Resources and Development Commission?
The Arkansas Economic Development Commission (AEDC) is the successor in interest to the Arkansas Resources and Development Commission (ARDC) with respect to the quitclaim deed recorded in Deed Record Book No. 383, pages 360-367. To understand why the AEDC holds this status, a brief review of the ARDC's history and its transformation into the AEDC is necessary.
The ARDC was established by Act 138 of 1945, which abolished the Arkansas Forestry Commission and transferred its duties to the ARDC. The ARDC was tasked with promoting interests related to resource development, conservation, and infrastructure planning.
In 1955, Act 404 abolished the ARDC and transferred "all titles, functions, powers, and duties" to the newly created Arkansas Industrial Development Commission (AIDC). Particularly relevant is Section 11 of Act 404, which provides:
The State of Arkansas hereby transfers to the Commission all of its right, title and interest in and to all that certain property received by the State as a gift from Westinghouse Electric Corporation by a certain quitclaim deed dated the 30th day of December, 1953, and appearing in Deed Record Book No. 383, at Pages Nos. 360-367, in the office of the Circuit Clerk and Ex-Officio Recorder of the County of Garland, and State of Arkansas, subject, however, to the reservations, exceptions, easements, claims, and outstanding interests set out in said deed.
Thus, the quitclaim deed, along with the easement, passed to the AIDC.
In 1997, the AIDC was renamed the Arkansas Economic Development Commission (AEDC) to reflect a broader mission beyond manufacturing. The AEDC expanded its focus to include high-tech industries, service sectors (such as healthcare, logistics, and finance), and international business development.
Finally, Act 910 of 2019 placed the AEDC under the Arkansas Department of Commerce, consolidating its role as the state's lead economic development agency. Despite this structural change, the AEDC retains authority over programs originally established to promote resource and infrastructure development.
Based on this statutory and organizational history, the AEDC, now operating within the Department of Commerce, is the legal successor in interest to the ARDC regarding the quitclaim deed recorded in Deed Record Book No. 383, pages 360-367.
Question 2: What state agency or entity has or should have the legal authority to release and/or convey a public or pipeline easement?
As successor in interest under the quitclaim deed recorded in Deed Record Book No. 383, pages 360-367, the Arkansas Economic Development Commission (AEDC) has legal authority to release or convey the pipeline easement. Under A.C.A. § 15-4-209, the AEDC is empowered to enter into contracts and to acquire or dispose of interests in real property.
Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General