Fairfield Lake State Park is scheduled to close to the public on Feb. 28 after the site was sold to a developer. 
Houston Chronicle Staff

Houston Chronicle
Renee Yan
June 4, 2023

The Texas Parks and Wildlife Commission is continuing its fight to keep developers from turning Fairfield Lake State Park into an upscale gated community. State officials announced Friday that they will be holding a special meeting on June 10 to discuss the possibility of taking control of the land through an eminent domain process, KXAN's Christopher Adams reported.

For months, the agency has tried to acquire the land from Todd Interests after the Dallas-based real estate firm bought it from energy company Vistra Corp. Prior to the sale, the Texas Parks and Wildlife Department had managed the leased land for years. It was in February when park managers were told they had to vacate the property so the new owner could begin construction on several multimillion-dollar homes and a private golf course, per previous reporting. 

According to KXAN's Adams, Texas law allows the government to claim private property under eminent domain as long as it is for public use and if the landowner is adequately compensated. The Texas Landowner’s Bill of Rights specifies that the appropriate amount should depend on the estimated value provided by a certified appraiser. Although it was not disclosed how much Todd Interests paid in the sale, the property was listed online for about $110.5 million. 

"We have heard from Texans and state leaders who have told us unequivocally that they want to keep this gem of a park open for public recreation and enjoyment," TPWD Executive Director David Yoskowitz said in a statement on Friday. "TPWD extended a formal offer to Todd Interests and, with the full support of our commission, we were vocal in our intention to conduct realistic negotiations with realistic conditions. Unfortunately, Todd Interests would not work with us, and we now need to pursue other options."

Texas Parks and Wildlife representatives said the agency tried to buy Todd Interests out of its contract with an offer totaling $25 million, but the two parties could not agree on a deal. Todd Interests CEO Shawn Todd seemed to confirm this failed attempt when he spoke to Alejandra Martinez with The Texas Tribune in late May.

"We responded timely, and in good faith to that offer with a proposal that we felt would have been an incredible win for the Texas parks and for the state of Texas," Todd told Martinez. "And candidly a significant sacrifice to our family and firm." Todd also argued that TPWD officials had years' of opportunity to buy the land.

In their statement on Friday, TPWD reps also said they believe Todd Interests' project could endanger the surrounding wildlife and environment. They claimed that the development could divert up to 14,000 acre-feet of water from Fairfield Lake per year, reducing the local reservoir by as much as one-third of its volume. 

"It is with firm resolve that we move forward to protect Fairfield Lake from potential devastation. … TPWD's mission compels us to try to save not only the park, but one of our state’s finest fisheries," said Arch "Beaver" Aplin III, chair of the TPWD Commission. As it currently stands, the agency has until June 13 to vacate the property.