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    Here is the letter issued by the owner this week. One side of the story and if true, pretty sad the way the state has approached this.

    The back-and-forth openings and closures for Fairfield Lake State Park continue after the park closed to the public once again on June 4 - and this time it might be for good.


    Todd Interests400 N Ervay StDallas, TX 75201June 6, 2023Texas Parks and Wildlife Commission4200 Smith School RoadAustin, TX 78744RE: June 10th Commission Contemplating the Use of Eminent Domain on Property Recently Acquired byTodd Interests in Freestone County.Dear Texas Parks and Wildlife Commission Members:We cannot begin to express our astonishment that officials appointed by Governor Abbott and approved byLt. Governor Patrick and the Texas Senate are considering the condemnation of private property that TPWDhad numerous opportunities to acquire.Is this how you fulfill Governor Abbott’s promise that “Texas is wide open for business”? As a family-owned, Texas-based business and longtime supporters of our state’s pro-business policies, we sincerelyhope not.In 1968 Texas Power and Light Company, Texas Electric Service Company, and Dallas Power and LightCompany (now collectively, “Luminant”) began the construction of a new power plant and an adjacentcooling lake in Freestone County. While the lake was constructed to support the coal-fired power plant,Luminant allowed TPWD to lease a portion of the land at no cost. The plant closed in 2018, taking hundredsof jobs from the county. At that time, Luminant made known to TPWD its intention to sell the lake and theland around it. TPWD told Luminant that it had no interest in acquiring the Property. In 2020, prior to publicly marketing the property for sale, Luminant again asked TPWD if it would like to purchase the lakeand surrounding land. TPWD said it had no interest acquiring all of the land or the lake and did not havethe funds to purchase the land TPWD had leased.Our firm became aware of the opportunity to purchase the property through an October 5, 2021 article inthe Dallas Morning News, advertising the Property for sale. We knew that TPWD leased a portion of theProperty for 50 years, and that during that half-century span it failed to express any interest in acquiringfrom the property from Luminant. After Luminant enlisted a real estate firm to market Fairfield Lake in2021 for $110 million, TPWD still took no action. We had no reason to believe that the State of Texaswanted to acquire Fairfield Lake when we made an offer on the Property. So, on April 21, 2022 – four yearsafter TPWD was given notice of Luminant’s intent to dispose of the Property – Todd Interests, a willing buyer, executed a binding contract of sale with Luminant, a willing seller.Five months later, after spending hundreds of thousands of dollars in due diligence, Todd Interests met withChairman Beaver Aplin per his request and Luminant’s encouragement. Since that September 2022meeting, we engaged in good faith conversations with Chairman Aplin, despite no legal obligation to do so,even sharing the appraised value of the water rights as a means for this to be a profitable venture for TPWD.The State of Texas, however, has spent the last eight months working to derail our transaction and diminish

    400 NORTHERVAYSTREET, SUITE150, DALLAS, TX 75201our transactional rights. Chairman Aplin made no secret of his desire for our transaction to fail, and afterwe refused to simply walk away from our business transaction he made numerous verbal threats, apparentlyorchestrated multiple failed legislative actions and in our opinion, spoke many untruths. These, along withmany other actions, have been catalogued diligently by our firm and others. While receiving muchinterference and efforts of sabotage, we did not receive a written proposal to purchase our contractual rightuntil May 12, 2023 – eight months after engaging in conversations with Chairman Aplin. We responded ingood faith to the proposal on May 23rd. We never heard from Chairman Aplin again. On June 1, 2023 wefulfilled our contractual obligation and purchased the Property from Luminant. Since taking title we have begun executing our development plan and executed millions of dollars in related contracts. Much of ourconstruction equipment arrived onsite yesterday. While Chairman Aplin no longer engaged with us, on June1st, while we were in the process of closing, he once again tried to scuttle our transaction by sending anoffer directly to Luminant to purchase the Property, at a discount to what we paid.Additionally, the esteemed Attorney General Ken Paxton’s office sent a letter directing us to preserveevidence as if we had been involved in a crime. We assume this was purely an effort of intimidation as itcontains nothing of legal substance – simply theatrics for the media in an effort to interfere with our lawfulcontract. The letter is dated May 25th, the same date that articles of impeachment were filed against theAttorney General.TPWD, like many other state agencies, has the power of eminent domain. We were, however, surprised tolearn of the hearing based on the national precedent condemnation would set. TPWD declined anopportunity to purchase the Property. Twice. It then tried to interfere with the contractual rights of private parties through threats, intimidation and misstatements of facts, trying to purchase the property for less thanwe were paying. But now it seems to imply it will willingly spend many times that amount to acquire theProperty through Condemnation. Interestingly, the only funds presently appropriated, through SB 30, are“to purchase from a willing seller.” Members of the Texas House and the Texas Senate have repeatedlydemonstrated their opposition to the use of condemnation to acquire Fairfield Lake. Neither House Bill2332 nor Senate Bill 1656 made it out of committee, let alone got a floor vote.Most striking is the activist message Chairman Aplin, Jeff Hildebrand, Blake Rowling, **** Scott, JamesAbell, Oliver Bell, Paul Foster, Ana Gallo, Bobby Patton, Lee Bass, and Dan Friedkin would send to theentire nation on behalf of The State of Texas. A state once considered the vanguard of private property rightswould now take from its citizens and diminish the rights of sellers, buyers, and private-property owners ofevery order. This would be in direct conflict to how the lady and gentlemen of the TPWD Commissionhave built their private businesses.We have fulfilled our duty as Texans by engaging in good faith efforts with TPWD since the day we firstmet. We now ask the TPWD Commission to respect our rights as we fulfill our duty to our financial partnersand family.Sincerely,

    Comment


      I hope when it is done & over with the sorry pos tpwd commission is bleeding out every orifice for this heavy handed stuff. Sorry way to do business. I bet every one of those political hack appointees would scream bloody murder if the state tried to do this to one of their land sales.

      Comment


        I'm sure the letter from Todd is one sided, but it's nice to see the other side vs all the emotional tugging at heart strings the state has done while ignoring their own incompetence. Complete BS to try to legally steal the land at this point. Like I said before, use eminent domain on one of beaver boy's over hyped gas station sites and see how it goes.

        Comment


          I wonder what other property owners that are in similar arrangements with the state are thinking right now? Texas has a lot of public hunting opportunities on private land. I bet we see a lot of those places go away in the near future. I know I'd be thinking twice about leasing anything to the state if they were going to be that chicken ****.

          Comment


            TP&W needs to concede and admit they are a bunch of rich, appointed hacks that have no business running the TP&W. Just trying to pretend they care at this point. They only wanted the park and gambled the new owner would let them still keep it and lake access, they lost. Now walk away and let Freestone County rejoice in the new taxes they are about to collect on this development.

            Comment


              Again, the very definition of unelected, appointed bureaucrat gubment agencies run amuck! If we had a real governor, he'd fire the whole commission and start over with real outdoorsmen that are Texans out to protect the interest of Texans, not use delegated powers to run rough-shod over the public and private property owners...
              The Commission is corrupt, inept, and downright criminal the way they have "governed" over the past several decades! Their fishing/boating regulations are horribly defined and justified!

              Comment


                Todd might have should have taken the last offer, don't mess with Texas

                Comment


                  Originally posted by TeamAmerica View Post
                  Here is the letter issued by the owner this week. One side of the story and if true, pretty sad the way the state has approached this.

                  The back-and-forth openings and closures for Fairfield Lake State Park continue after the park closed to the public once again on June 4 - and this time it might be for good.


                  Todd Interests400 N Ervay StDallas, TX 75201June 6, 2023Texas Parks and Wildlife Commission4200 Smith School RoadAustin, TX 78744RE: June 10th Commission Contemplating the Use of Eminent Domain on Property Recently Acquired byTodd Interests in Freestone County.Dear Texas Parks and Wildlife Commission Members:We cannot begin to express our astonishment that officials appointed by Governor Abbott and approved byLt. Governor Patrick and the Texas Senate are considering the condemnation of private property that TPWDhad numerous opportunities to acquire.Is this how you fulfill Governor Abbott’s promise that “Texas is wide open for business”? As a family-owned, Texas-based business and longtime supporters of our state’s pro-business policies, we sincerelyhope not.In 1968 Texas Power and Light Company, Texas Electric Service Company, and Dallas Power and LightCompany (now collectively, “Luminant”) began the construction of a new power plant and an adjacentcooling lake in Freestone County. While the lake was constructed to support the coal-fired power plant,Luminant allowed TPWD to lease a portion of the land at no cost. The plant closed in 2018, taking hundredsof jobs from the county. At that time, Luminant made known to TPWD its intention to sell the lake and theland around it. TPWD told Luminant that it had no interest in acquiring the Property. In 2020, prior to publicly marketing the property for sale, Luminant again asked TPWD if it would like to purchase the lakeand surrounding land. TPWD said it had no interest acquiring all of the land or the lake and did not havethe funds to purchase the land TPWD had leased.Our firm became aware of the opportunity to purchase the property through an October 5, 2021 article inthe Dallas Morning News, advertising the Property for sale. We knew that TPWD leased a portion of theProperty for 50 years, and that during that half-century span it failed to express any interest in acquiringfrom the property from Luminant. After Luminant enlisted a real estate firm to market Fairfield Lake in2021 for $110 million, TPWD still took no action. We had no reason to believe that the State of Texaswanted to acquire Fairfield Lake when we made an offer on the Property. So, on April 21, 2022 – four yearsafter TPWD was given notice of Luminant’s intent to dispose of the Property – Todd Interests, a willing buyer, executed a binding contract of sale with Luminant, a willing seller.Five months later, after spending hundreds of thousands of dollars in due diligence, Todd Interests met withChairman Beaver Aplin per his request and Luminant’s encouragement. Since that September 2022meeting, we engaged in good faith conversations with Chairman Aplin, despite no legal obligation to do so,even sharing the appraised value of the water rights as a means for this to be a profitable venture for TPWD.The State of Texas, however, has spent the last eight months working to derail our transaction and diminish

                  400 NORTHERVAYSTREET, SUITE150, DALLAS, TX 75201our transactional rights. Chairman Aplin made no secret of his desire for our transaction to fail, and afterwe refused to simply walk away from our business transaction he made numerous verbal threats, apparentlyorchestrated multiple failed legislative actions and in our opinion, spoke many untruths. These, along withmany other actions, have been catalogued diligently by our firm and others. While receiving muchinterference and efforts of sabotage, we did not receive a written proposal to purchase our contractual rightuntil May 12, 2023 – eight months after engaging in conversations with Chairman Aplin. We responded ingood faith to the proposal on May 23rd. We never heard from Chairman Aplin again. On June 1, 2023 wefulfilled our contractual obligation and purchased the Property from Luminant. Since taking title we have begun executing our development plan and executed millions of dollars in related contracts. Much of ourconstruction equipment arrived onsite yesterday. While Chairman Aplin no longer engaged with us, on June1st, while we were in the process of closing, he once again tried to scuttle our transaction by sending anoffer directly to Luminant to purchase the Property, at a discount to what we paid.Additionally, the esteemed Attorney General Ken Paxton’s office sent a letter directing us to preserveevidence as if we had been involved in a crime. We assume this was purely an effort of intimidation as itcontains nothing of legal substance – simply theatrics for the media in an effort to interfere with our lawfulcontract. The letter is dated May 25th, the same date that articles of impeachment were filed against theAttorney General.TPWD, like many other state agencies, has the power of eminent domain. We were, however, surprised tolearn of the hearing based on the national precedent condemnation would set. TPWD declined anopportunity to purchase the Property. Twice. It then tried to interfere with the contractual rights of private parties through threats, intimidation and misstatements of facts, trying to purchase the property for less thanwe were paying. But now it seems to imply it will willingly spend many times that amount to acquire theProperty through Condemnation. Interestingly, the only funds presently appropriated, through SB 30, are“to purchase from a willing seller.” Members of the Texas House and the Texas Senate have repeatedlydemonstrated their opposition to the use of condemnation to acquire Fairfield Lake. Neither House Bill2332 nor Senate Bill 1656 made it out of committee, let alone got a floor vote.Most striking is the activist message Chairman Aplin, Jeff Hildebrand, Blake Rowling, **** Scott, JamesAbell, Oliver Bell, Paul Foster, Ana Gallo, Bobby Patton, Lee Bass, and Dan Friedkin would send to theentire nation on behalf of The State of Texas. A state once considered the vanguard of private property rightswould now take from its citizens and diminish the rights of sellers, buyers, and private-property owners ofevery order. This would be in direct conflict to how the lady and gentlemen of the TPWD Commissionhave built their private businesses.We have fulfilled our duty as Texans by engaging in good faith efforts with TPWD since the day we firstmet. We now ask the TPWD Commission to respect our rights as we fulfill our duty to our financial partnersand family.Sincerely,
                  WOW!!
                  Yea it got ugly and dirty.. When the filthy rich get to fighting and having a pizzing match it can get entertaining and a little spooky.

                  After reading that I would steer clear of TPWD if I was a land owner.

                  Comment


                    So, are the Chinese investors getting their state park or not?

                    Comment


                      Originally posted by Hoggslayer View Post
                      I wonder what other property owners that are in similar arrangements with the state are thinking right now? Texas has a lot of public hunting opportunities on private land. I bet we see a lot of those places go away in the near future. I know I'd be thinking twice about leasing anything to the state if they were going to be that chicken ****.
                      Exactly. And when they loose this their will be wailing and gnashing of teeth and the consequences will be directed at the public.

                      Comment


                        Originally posted by SaltwaterSlick View Post
                        Again, the very definition of unelected, appointed bureaucrat gubment agencies run amuck! If we had a real governor, he'd fire the whole commission and start over with real outdoorsmen that are Texans out to protect the interest of Texans, not use delegated powers to run rough-shod over the public and private property owners...
                        The Commission is corrupt, inept, and downright criminal the way they have "governed" over the past several decades! Their fishing/boating regulations are horribly defined and justified!
                        Yep. I feel for the TPW boots on the ground guys who have to deal with the backlash. The leaders are trash and should be treated as such.

                        Originally posted by Hoggslayer View Post
                        I wonder what other property owners that are in similar arrangements with the state are thinking right now? Texas has a lot of public hunting opportunities on private land. I bet we see a lot of those places go away in the near future. I know I'd be thinking twice about leasing anything to the state if they were going to be that chicken ****.
                        This is a great observation. It will have unintended consequences. Imagine if you planned to give the land to TPWD in your will. When will TPWD decide it just wants your land, ****ed if you are dead or not? It's basically theirs anyways.

                        Comment


                          There were multiple TPWD trucks rolling through town yesterday with trailers full of park benches, tables, generators, small equipment, etc being taken out of the park. Kinda like a dog running off with his tail tucked between his legs................

                          Comment


                            I normally support TPW in almost everything they do for us as anglers and hunters, However this bullyish behavior with them trying to take land from Todd is just plain wrong. They had 4 years or more to buy the land and they didn't. Now that they see they lost it, they want to bully their way into owning it. That just is not right. As for all the people pushing for TPW to get the land by any means necessary, to me they too are being just as arrogant as the state.

                            Comment


                              Gonna be great for that area

                              Todd Interests revealed plans for a $1 billion golf course community and resort at Fairfield Lake State Park, which the developer bought and is privatizing.

                              Comment


                                TPWD seeking comment on Saturdays meeting to pursue imminent domain https://tpwd.texas.gov/business/feed...airfield.phtml

                                Comment

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