Sparring continues in Fairfield Lake State Park eminent domain case

The war of the words continues.

The Texas Parks and Wildlife Commission and its chairman Arch “Beaver” Aplin III, have been under heavy criticism for the past month since the park’s board unanimously voted on June 10 to pursue eminent domain to save Fairfield Lake State Park in East Texas.

Todd Interests founder Shawn Todd has shouted the loudest against the decision, after his company purchased the 5,000-acre property from Vistra Corp for over $110 million, with plans to build a $1 billion luxe resort community. Freestone County, where the land is located, supported the project and cited an estimated $20 million in annual tax revenue for Freestone County and the Fairfield Independent School District from the development.

Public letters from Todd, Freestone County Commissioners and The Real Estate Council have been sent to the state department within the last month opposing the use of eminent domain and touting private landowner property rights. Multiple attempts at a a response from Aplin have been unsuccessful.

But on July 6, the Dallas Morning News published an op-ed penned by Aplin, who also owns Buc-ee’s convenience stores, explaining why eminent domain is the “appropriate way” to save Fairfield Lake State Park. 

The chairman responded to the criticism, writing that Texas Parks and Wildlife “engaged in good-faith discussions and made multiple offers to purchase the 1,800-acre park site and even the entire 5,000-acre tract from both the original owner and the real estate developer,” in the months leading up to the sale.

An offer of  $20 million plus expenses was made to buy out Todd Interests’ contract with Vistra before the closing date, Alpin wrote. 

The same day the op-ed ran, Shawn Todd held a news conference in Freestone County and said he’d countered that offer with $30 million, which wasn’t accepted.

Todd said the board’s eventual vote for eminent domain, or “condemnation,” was nothing but a show, as he received a letter from the commission two days prior, saying it would condemn the land. Texas Parks and Wildlife confirmed that the board sent a June 8 letter but that it was part of the condemnation process and did not affect the vote, the Dallas Morning News reported.

“Even with our decision to condemn the land, we remain open to securing a deal that will save the state park and benefit all parties. Losing a cherished state park now would be a devastating outcome, which is why TPWD has gone to these lengths to save Fairfield Lake State Park,” Aplin wrote.

Todd said he first met Aplin in Dallas in October, while he was in negotiations with Vistra, to discuss a possible deal for the park land. Aplin told him that he had no intention to get in the middle of a private business transaction but that it would be “incredibly embarrassing” if the park’s department lost a park during its 100 year anniversary, Todd said. Texas ranks 35th in the nation for parkland per capita, according to the National Association of State Parks Directors.

“This is not about a park or about my real estate deal,” Todd said. “I am talking about private property rights. This is an open and brazen abuse of power by politically appointed individuals, not elected individuals … to wrongfully take something that is not theirs.”

While Todd reportedly paid $110 million for the property, he thinks the water rights alone are worth about $238 million. In forcing a sale through eminent domain, an independent appraiser will decide the value.

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