Texas will no longer try to seize former Fairfield Lake State Park site through eminent domain
Editor’s Note: The video above is from KXAN’s previous coverage of Fairfield Lake State Park. It was originally published on June 9, 2023.
AUSTIN (KXAN) — The state of Texas is ending its efforts to seize a 5,000-acre property that includes the site of the former Fairfield Lake State Park.
The Texas Parks and Wildlife Department said Tuesday it would not longer pursue acquisition of the property, putting an end to a years-long process that started in 2018, when the landowner announced it planned to sell the land. TPWD had leased part of the property at no cost for 50 years.
From state park to private development: The twisting timeline of Fairfield Lake
The new landowner, Todd Interests, a Dallas-based developer, is turning the Freestone County site, about 70 miles east of Waco, into a luxury, private development.
“This monumental and historic victory belongs to the ranchers, farmers, landowners and people of Freestone County,” Shawn Todd, CEO of Todd Interests, told KXAN in a statement. “It is a tribute to the undaunting courage of the elected Freestone County officials, who stood with unwavering resolve against former appointed TPWD leadership that enacted policy that was against not only the State legislature, but the inherent rights of all Texas property owners. The Todd Interests team could not have stayed in this fight without the firm commitment from our financial partners to fight this unprecedented action.”
Todd purchased the property for “just north” of $100 million but said the site was worth a lot more than that. In June, he told KXAN his bank had appraised the value of the property’s water rights alone at $238 million.
On June 10, less than a week after the park closed to the public, the Texas Parks and Wildlife Commission voted to authorize the use of eminent domain to take over the property. As part of those proceedings, a special commission was set up to determine the value of the site.
At a hearing last month, TPWD argued the property was worth $85 million, but commissioners ultimately determined the value at more than $418 million. If TPWD had paid Todd that price tag, it would have taken possession of the property immediately.
As part of an agreement obtained by KXAN, TPWD agreed to immediately dismiss the condemnation case and “all other pending matters” relating to the property or its acquisition. The department and Todd Interests will pay their own legal fees and expenses.
“TPWD recognizes the importance of conserving our state’s natural resources and providing recreational opportunities for Texans,” Executive Director David Yoskowitz said in a statement Tuesday. “However, TPWD must also responsibly manage the state’s fiscal resources in order to maximize the benefit of our parks for all Texans.”
The department also said it does not intend to use eminent domain to obtain a portion of the property in the future, including water rights. “This means there will be no efforts to establish a state park or any other use on [the] property,” a statement said.
“We want to thank the staff and visitors who made Fairfield Lake State Park such a special place for the past half century, as well as those who have supported the effort to save the park, said Rodney Franklin, director of Texas State Parks.
The park welcomed more than 80,000 visitors in FY 2022, and more than 45,000 in FY 2023 before closing to the public on June 4.
A look inside the private development at the former Fairfield Lake State Park
Todd previously walked KXAN through his plans to turn the site into a luxury private development. In addition to the 400 lakefront homes, the development will feature “amenities a family should expect from a world-class resort,” including a clubhouse, restaurant, resort pool and a “championship-level” golf course. Construction began in June.
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