On Saturday, June 10, the Texas Parks and Wildlife Commission voted to condemn and acquire the 5,000 acres that comprise both Fairfield Lake and Fairfield Lake State Park — property acquired by Todd Interests on June 1. In a statement issued today, Todd Interests calls the use of eminent domain to keep the park open to the public a “disastrous precedent.”
Todd Interests, the family-owned company that breathed life into downtown Dallas’ historic East Quarter, hosted a press conference in their 400 N. Ervay development to address what they call “misleading statements” from the Texas Parks and Wildlife Commission. Shawn Todd, principal of the firm, took a point-by-point approach to dismantling the commission’s reasoning.
We’ve reached out to Todd Interests to see if the firm will be seeking a legal remedy to the commission’s use of eminent domain but heard back by deadline. We’ll update the story when we hear back, but this is the full statement issued by the Todds:
In 2021, Vistra Energy decided to sell approximately 5,000 acres of land in Freestone County, including land it had leased to the State of Texas for Fairfield Lake State Park. Vistra made this decision after the State of Texas declined multiple opportunities to purchase the property. Last year, after a publicly marketed sales process, the property went under contract to Todd Interests, owned by Shawn Todd and his family, and the sale closed on June 1.
Just nine days later, the Texas Parks and Wildlife Commission voted to take the entirety of Todd Interests’ property by eminent domain. The Commission voted in favor of taking the 1,821 acres previously leased to the State, and an additional 3,200 acres of land and surface water and water rights from Todd Interests. The Commission has further suggested that Todd Interests has been non-responsive, or even hostile. Nothing could be further from the truth.
The Commission showed no interest in acquiring the park for the citizens of Texas when it had the opportunity. Now, Commission Chairman Arch Aplin III, Executive Director David Yoskowitz, and the Commission wrongly deflect blame through a series of false statements to the press and the people of Texas about their conduct. The Todd family has engaged legal counsel to ensure their property rights are protected and the false statements stop.
On June 2, Texas Parks and Wildlife issued a press release riddled with misleading statements:
First, Chairman Aplin stated that the Commission had offered to buy out the Todd family’s contract with Vistra for $25 million. But Chairman Aplin failed to disclose that the proposal was contingent upon Vistra Energy agreeing to sell the property to the Commission, which Vistra declined to do. Chairman Aplin also failed to disclose that the Todd family had sent him a written counteroffer on May 23, a full week before the closing of the sale, but the Commission never responded to it. The existence of that counteroffer was withheld from the public during the meeting of the Commission on May 25, if not also from the other Commissioners.
Second, the press release suggests that the Todd family would divert the lake’s water and lower the water level, reducing the shoreline and wildlife. That is not true. The lake’s world-class fishing and boating venue are at the center of the Todds’ development plan.
Third, Executive Director Yoskowitz stated that the Department had intended to conduct “realistic negotiations,” but that “Todd Interests would not work” with them. Again, these statements are not true. The Commissioners made a written offer to Vistra on June 1 to purchase the property. But the Commissioners have made no such offer to Todd Interests, ever, and have not communicated with them since the closing.
During the legislative session, Texas Parks and Wildlife requested and received an appropriation from the Legislature for the “proposed acquisition of Fairfield Lake State Park and other strategic state park acquisitions,” specifying in their request that the funds would only be used for acquisitions from willing sellers. Separately, the Legislature rejected efforts to condemn this very property, such as House Bill 2332 and Senate Bill 1656. Because that is not the way the State of Texas treats its citizens and its property owners.
However, last Saturday, the unelected Commission voted to condemn approximately 5,000 acres — three times as much land as the former State Park and every inch acquired by the Todd family. The Commission stated that the use of eminent domain is “extraordinary,” “unusual,” and reserved “for the rarest and most unique circumstances.” But the only extraordinary, unusual, or unique circumstance here is an unelected group of commissioners’ irresponsible use of power to deprive private landowners of their rights, to accomplish by force an outcome not supported by the Texas Legislature. If the Commission can do this to the Todd family, they can do it to any rancher, farmer, or property owner in Texas.
We hope incoming Commission leadership will see the disastrous precedent this decision would set, and the dangerous message its actions send to all Texans.
