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Private developer criticizes Texas Parks & Wildlife's eminent domain plan as the battle over Fairfield Lake State Park continues

The state is trying to seize back the property using eminent domain after Shawn Todd purchased the park last month. Todd still plans to fight for the development.

FAIRFIELD, Texas — The Freestone County Courthouse was filled with Texans on Thursday, July 6 as Shawn Todd, CEO of Todd Interests, hosted a press conference for the first time to refute claims regarding the future of the beloved Fairfield Lake State Park. His main message dove into why the situation is hurtful to property owners. 

The story starts years ago as the Texas Parks and Wildlife Department (TPWD) operated on leased land for decades. 

Todd decided to purchase the 5,000 acres of land and water for over $100 million earlier this year with the park's previous owner, Vistra. 

Afterward, TPWD made Todd an offer. 

"We would like for you and your sons to drop your real estate transaction, to walk away from it, out of altruism," Todd claims TPWD told him. "In turn, we will reimburse your out-of-pocket cost, and Vistra, we would like for you to take $60 million to help you figure out some tax credits. The CEO of Vistra and I, in a joint phone call, this is all public record, respectfully declined."

Todd says he never heard back after he made the decision, and no other negotiations were in the works. However, on June 10, TPWD unanimously voted to seize the property using eminent domain, which Todd heavily criticized in the press conference.

"It's the open and brazen abuse of power by politically appointed individuals, not elected individuals, and their weaponization of a state agency to wrongly take something that's not theirs," Todd explained. 

Those who love the park agree with the state's decision, saying they are worried Todd will make the land a playground for the rich.

“We think that’s a crying shame," Luke Metzger, executive director of Environment Texas, said. "We need more parks, we can’t afford to lose a state park on this centennial year. We need to save this park. This is not like a normal condemnation of land. This is saving a park for hundreds of thousands of Texans who use it every year." 

Protestors shared another concern they have, that Todd is selling the water to different counties. Todd fired back, disputing the accusation. 

"There's zero economics in my business plan of monetizing that water right now," Todd said. 

Edward Vassallo of Vassallo & Salazar, who is representing Todd, says for those upset, the fault lies completely in the hands of the state. 

“They had five years to save the park, and they did nothing,” Vassallo said. "When you take a property right... you have certain duties of notice, representation, appraisal of what’s taken, negotiations and giving administrative leave to try to get a settlement. None of this has ever been done. This is the first time in over thousands of cases I've ever seen a landowner who is threatened with a lawsuit if they buy a piece of property. That's not condemnation."

Todd hopes some sort of compromise can be made, whether that's the state paying him fairly or going through with the development, which consists of a golf course and multi-million-dollar homes.

If the state and Todd cannot come to an agreement, the issue will likely end up in court.

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