Commission Meeting Agenda Item No. 2
Presenters: Rodney Franklin
James Murphy

Action
Condemnation of Land – Freestone County
Consideration of the use of eminent domain to condemn real property
Approximately 5,000 Acres at Fairfield Lake State Park
June 10, 2023

I.      Executive Summary: Since 1971, Texas Parks and Wildlife Department (TPWD) has leased Fairfield Lake State Park from Big Brown Power Company LLC, which is now Vistra. The park is part of a larger approximately 5,000-acre property that Vistra recently sold to Todd Interests, a real estate development company. TPWD’s attempts to purchase the sales contract from Todd Interests were unsuccessful. The lease for the state park has been terminated and ends on June 13, 2023. Todd Interests does not intend to continue operating the property as a public park nor provide any public access to Fairfield Lake. TPWD will now consider acquiring, through the use of eminent domain, the approximately 5,000-acre property in Freestone County that includes Fairfield Lake State Park and Fairfield Lake.

II.     Discussion:  Fairfield Lake State Park is a leased park consisting of 1,821.35 acres. The lease began in 1971, and the park officially opened to the public in 1976. On the banks of the 2,400-acre Fairfield Lake, the park provides a wide variety of recreational opportunities to the public, including swimming, fishing, boating/kayaking, camping, and ten miles of trails to explore on foot, bike, or horseback. The park infrastructure includes buildings, barns, residences, roads, utilities, and a boat ramp.

In 2018, Vistra, the coal power plant operator, shut down the plant, initiated the decommissioning process, and notified TPWD of its intention to sell the approximately 5,000-acre property that includes Fairfield State Park and Fairfield Lake. TPWD sought to purchase the 1,821.35-acre state park site, but Vistra would not consider a sale of just the park land. TPWD also attempted to partner with potential buyers to acquire the park property. In 2022, Todd Interests entered a contract to purchase the property and completed the acquisition on June 2, 2023. Todd Interests does not intend to use the property as a state park, and TPWD’s lease ends on June 13, 2023. While the property was under contract for sale, TPWD attempted to purchase the sales contract from Todd Interests, but negotiations were unsuccessful. TPWD will now consider the use of eminent domain to condemn the approximately 5,000-acre property that includes Fairfield Lake State Park and Fairfield Lake from Todd Interests to preserve and expand the park under the authority provided in Texas Parks and Wildlife Code section 21.103.

III.   Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission moves to authorize the Executive Director to use the power of eminent domain to acquire approximately 5,000 acres of land in Freestone County to preserve and expand Fairfield Lake State Park, and adopt the resolution attached as Exhibit D.”

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Special Commission Agenda Item No. 2
Exhibit A

Location Map for Fairfield Lake State Park in Freestone County

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Special Commission Agenda Item No. 2
Exhibit B

Vicinity Map for Fairfield Lake State Park
25 Miles West of Palestine

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Special Commission Agenda Item No. 2
Exhibit C

Site Map for Fairfield Lake State Park in Red
Proposed Acquisition in Yellow

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Special Commission Agenda Item No. 2
Exhibit D

A Resolution by the Texas Parks and Wildlife Commission Regarding the Acquisition by Condemnation of Approximately 5,000 Acres of Property in Freestone County

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) has leased Fairfield Lake State Park from Vistra and its predecessors since 1971; and,

Whereas, on June 2, 2023, Vistra sold the 5,000-acre property, which includes Fairfield Lake State Park and Fairfield Lake, to Todd Interests, a real estate development company that has indicated that it will close the state park and Fairfield Lake to public access; and,

Whereas, Fairfield Lake State Park and Fairfield Lake have immeasurable value to the people of the State of Texas and the more than 80,000 annual visitors to the park who enjoy the opportunities for horseback riding, paddling, boating, fishing, camping, and hiking; and,

Whereas, the Texas Parks and Wildlife Commission (Commission) finds that notice of today’s meeting to consider the use of eminent domain was posted for at least seven days on the Secretary of State’s webpage in accordance with Texas Government Code Section 551.044; and,

Whereas, TPWD has the authority under Texas Parks and Wildlife Code Section 21.103 to initiate condemnation proceedings for park sites with authorization of the Commission at a public meeting by record vote;

Now, therefore, in accordance with Texas Government Code Section 2206.053, the Commission authorizes the TPWD Executive Director to file a petition for condemnation under Texas Property Code Section 21.012, and pursue acquisition of approximately 5,000 acres in Freestone County in order to preserve Fairfield Lake State Park and Fairfield Lake for the public, for the purposes and subject to the conditions described herein and in the motion adopting this Resolution.

Adopted and approved this 10th day of June, 2023.