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 was pursuing a quiet-title action involving a pipeline easement conveyed to the State of Arkansas in 1953 for purposes related to the Arkansas Resources and Development Commission (ARDC). The constituent reported that the easement was not in use and that agencies contacted had disclaimed authority to release it. The requester supplied the quitclaim deed recorded in Deed Record Book No. 383, pages 360–367.

The Attorney General concludes that the Arkansas Economic Development Commission (AEDC) is the successor in interest with respect to that deed and has legal authority to release or convey that pipeline easement. The opinion traces this specific property through Act 404 of 1955, whose Section 11 expressly transferred the State’s interest in the deed recorded at those book and page numbers to the Arkansas Industrial Development Commission. That commission was renamed AEDC in 1997, and Act 910 of 2019 placed AEDC under the Department of Commerce. A.C.A. § 15-4-209 gives AEDC authority to contract and acquire or dispose of interests in real property.

The conclusion is tied to the deed the requester supplied. The opinion does not identify a successor for every former ARDC or AIDC interest, decide whether any other easement is still in use, or direct the result of the pending quiet-title action.

What this means for you

Parties dealing with the Garland County deed

For the quitclaim deed in Deed Record Book No. 383, pages 360–367, the opinion identifies AEDC as the successor in interest and says it has legal authority to release or convey the pipeline easement. It does not say that AEDC has agreed to release it.

AEDC and Department of Commerce staff

The opinion identifies AEDC, now within the Department of Commerce, as holding authority over the easement traced through this particular deed. Its conclusion rests on Act 404’s express transfer of the State’s interest in the specified deed and on AEDC’s real-property powers under A.C.A. § 15-4-209.

Title examiners and attorneys

The opinion’s successor analysis relies on a deed-specific provision: Section 11 of Act 404 names the 1953 Westinghouse quitclaim deed and its Garland County record location. The opinion does not apply that conclusion to unrelated deeds or easements.

Common questions

Which agency can release the pipeline easement in the deed discussed here?

The opinion says AEDC has legal authority to release or convey the easement associated with the quitclaim deed recorded in Garland County Deed Record Book No. 383, pages 360–367.

Why did the Attorney General identify AEDC?

Act 404 of 1955 expressly transferred the State’s interest in that particular 1953 deed to the Arkansas Industrial Development Commission. The opinion says that commission was renamed AEDC in 1997 and later placed under the Department of Commerce.

Does this mean AEDC controls all former ARDC easements?

The opinion does not reach that broad conclusion. It addresses successor status with respect to the particular deed supplied with the request.

Did the opinion order the easement released?

No. It concludes that AEDC has legal authority to release or convey the specified easement. It does not state that AEDC has exercised that authority or decide the quiet-title action.

Background and statutory framework

The opinion says Act 138 of 1945 established the ARDC. In 1955, Act 404 abolished it and transferred its titles, functions, powers, and duties to the newly created Arkansas Industrial Development Commission. Section 11 of Act 404 separately names the quitclaim deed dated December 30, 1953, from Westinghouse Electric Corporation and recorded in Garland County Deed Record Book No. 383, pages 360–367. The opinion says that deed and the easement passed to the industrial development commission.

The industrial development commission was renamed AEDC in 1997, and Act 910 of 2019 placed AEDC under the Department of Commerce. The opinion identifies AEDC as successor in interest regarding this deed. It cites A.C.A. § 15-4-209(a)(17) and (b)(1)–(2) for AEDC’s power to contract and to acquire or dispose of real-property interests, concluding that AEDC has authority to release or convey this pipeline easement.

Citations

Statutes and acts:

• Act 138 of 1945, § 3
• Act 404 of 1955, §§ 7, 11
• Act 910 of 2019
• A.C.A. § 15-4-209(a)(17), (b)(1)–(2)

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

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:

1. 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.
2. 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.

The Honorable Les Warren
State Representative
Opinion No. 2025-081
Page 2
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.1 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).2 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.3 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.4 1 See Act 138 of 1945, § 3. Act 42 of 1953, as amended by Act 99 of 1955 and Act 232 of 1959, recreated the Arkansas Forestry Commission, separating it from the Resources and Development Commission and restoring duties outlined in Act 234 of 1931. 2 Act 404 of 1955, § 7. 3 Act 404 of 1955, § 11. 4 Arkansas Economic Development Commission, Encyclopedia of Arkansas (Apr. 25, 2025), https://encyclopediaofarkansas.net/entries/arkansas-economic-development-commission-424/ (last visited Oct. 3, 2025).

The Honorable Les Warren
State Representative
Opinion No. 2025-081
Page 3
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.5 Assistant Attorney General Justin Hughes prepared this opinion, which I hereby approve. Sincerely, TIM GRIFFIN Attorney General 5 A.C.A. § 15-4-209(a)(17), (b)(1)–(2).