Texas Parks and Wildlife Department takes a stand for Fairfield Lake

Fort Worth, Texas - In a significant move to protect Fairfield Lake State Park, the Texas Parks and Wildlife Department has formally initiated eminent domain procedures. Their intent is to acquire a substantial 5,000-acre area located south of Dallas. The filing happened last Friday at the Freestone County District Court. It follows unsuccessful discussions with Dallas real estate firm, Todd Interests. The company has plans to develop the former public area into a high-end gated community.

The Department explained their actions in an official email. They stated the need was “imperative for acquiring the land at a fair market valuation, thereby ensuring the preservation of Fairfield Lake State Park and Fairfield Lake as a communal asset for the Texan populace.”

On the other side, a representative from Todd Interests briefly stated that Shawn Todd, their CEO, could not immediately respond. In an earlier interaction with journalists, Mr. Todd had firmly declared that his company's acquisition was legal and that he had no plans to relinquish the property.

Experts in eminent domain law believe Texas has a strong case. They suggest that the property clearly serves the public by operating as a park.

This legal contest stems from a long-standing disagreement over ownership. Established in 1976 on land leased free of charge from Vistra Corp., Fairfield Lake State Park has received about $80 million from the state for enhancements and upgrades.

However, the situation changed in 2018. Vistra Corp., after closing a nearby coal-fired power plant, intended to sell the property and end the state's free lease. While the state wanted to buy a specific 1,820-acre part of the land, Vistra Corp. sought a complete purchase offer. The state did not proceed with such a bid.

Earlier this year, the Texas Parks and Wildlife Department announced the park's impending closure, following Vistra's decision to sell the land to Todd Interests. This move intensified the present legal confrontation.

Last June, department commissioners agreed to consider taking the disputed land. They waited, hoping Todd Interests might choose to sell voluntarily.

Texas law required the department to propose two purchase offers, both priced at $103 million. According to documents from The Texas Tribune, Todd Interests rejected both offers.

Earlier in the fiscal year, the Texas Legislature allocated $125 million specifically for state parkland purchases. Notably, a state-appointed appraiser valued the park's purchase at $85 million. Yet, the department indicated a willingness to pay more. For reference, Todd Interests bought the property for $103 million.

After obtaining the land, Todd Interests began construction, investing about $1 million monthly in infrastructure.

Now that the eminent domain petition is filed, the county district court judge will assemble a group of local landowners to decide on a fair market price. An upcoming hearing will gather expert opinions on the property's value.

If the state agrees to pay Todd Interests the determined market price, the department can immediately reclaim the former parkland. If either party contests the valuation, a civil trial will be held.

“TPWD and its commissioners remain steadfast in their commitment to reopen a public resource…” the department shared in an email quoted by The Texas Tribune. “Fairfield Lake State Park rightfully belongs to the people of Texas who have expressed overwhelming support for saving the property for future public use.”

Credit: The Texas Tribune, Dallas Metro News