Move to acquire Fairfield park OK’d

The Texas Parks and Wildlife Commission took a step Saturday toward acquiring Fairfield Lake State Park through eminent domain.

The commission approved a motion to acquire the 5,000-acre property at Fairfield Lake State Park through condemnation at a special commission session.

“We have a clear duty to act for the greater good of all Texans. While we have the power of eminent domain, that power should be used sparingly and reluctantly. In fact, it's been nearly four decades since it was last used by the Texas Parks and Wildlife Commission. It should not be a tool for the government to proactively and indiscriminately expand its reach at the expense of the public. Rather, it is an instrument to protect existing parks and land for the benefit of Texans,” commissioner Jeffery Hildebrand said during the meeting.

“The action today is in line with that principle. And this is a noble cause. Over 80,000 people visit this park annually. This commission is preserving a park that has been used and beloved by Texans for half a century so it might be enjoyed by generations to come.”

With the commission's motion, a condemnation petition can be filed in Freestone County's district court. The district court judge could then appoint a commission that would determine the fair-market value for compensation. The process is subject to appeals.

Chairman Arch Aplin III also instructed Texas Parks and Wildlife Department executive director David Yoskowitz to prepare policy that would restrict the use of the commission's eminent domain power in the future to “extraordinary and unusual situations like Fairfield State Park,” which would be considered at the next meetings in August.

“This commission has zero interest in condemning farms, ranches, working lands, and the department will continue to acquire property for our parks and management areas through voluntary transactions as we have for decades,” Aplin said.

“We do not take this decision lightly today, and certainly understand the concerns we've heard so far, but I view this situation with Fairfield as a one-time event.”

Fairfield Lake State Park holds a 2,400-acre lake, the centerpiece of the park, the foundation of the surrounding ecosystem and the source of one of the state's premier largemouth bass fisheries. The park encompasses the convergence of three of Texas' distinct ecoregions — the Post Oak Savannah, Piney Woods and Blackland Prairies. It is conveniently located along the Interstate 45 corridor between Houston and Dallas, and is a popular destination, sanctuary for wildlife and vital economic resource for the city of Fairfield and Freestone County.

The park was never owned by TPWD. Since 1971, the park has been leased to the state free of cost through the powergeneration company Luminant/Vistra Corp, which used the lake to cool the Big Brown coal power plant. That plant shut down in 2018 and Luminant/Vistra Corp put the property up for sale publicly in 2021. TPWD officials said the department did not have the funds available when the park first went up for sale, but appropriations from Proposition 5 (sporting goods sales tax) have since given the department more leverage.

Taxpayers have funded approximately $70 million in improvements at Fairfield Lake State Park.

TPWD attempted to purchase the sales contract from Dallas-based private developer Todd Interest for $25 million, to obtain the rights to purchase the property from Luminant/Vistra Corp, but the offer was rejected, according to Texas state parks Director Rodney Franklin.

Todd Interests completed the acquisition of Fairfield Lake State Park on June 1. TPWD's lease on the property expires June 13, and the park closed to the public June 4.

“A state once considered the vanguard of private property rights would now take from its citizens and diminish the rights of sellers, buyers, and private-property owners of every order. This would be in direct conflict to how the lady and gentlemen of the TPWD Commission have built their private businesses,” a statement issued by Todd Interests prior to the commission meeting said.

“We have fulfilled our duty as Texans by engaging in good faith efforts with TPWD since the day we first met. We now ask the TPWD Commission to respect our rights as we fulfill our duty to our financial partners and family.”

Meanwhile, Rep. Angelia Orr told the commission: “Eminent domain is never a decision to be taken lightly. And while you may hear that one family's business interests may be important, I would submit to you that the interests of thousands of everyday, workingclass Texans are just as important. If condemnation isn't used in this circumstance, and if now is not the time, then when? I stand with you, and I hope that we can move forward to save this park.”