Rogue commissioners’ eminent domain action goes beyond their authority
A good friend and mentor once told me, “There is no one quite so creative as a person in the midst of self-justification.”
I’ve been that man before. I am thankful for the men and women in my life who loved me enough to speak truth to me; to provide me with a different perspective than my own; to point out the “blind spots” in my thinking; and to talk me off the cliff of my obstinance. Absent accountability, creative self-justification often leads to dire consequences that impact not only the self-justifier but many others.
That self-justification seems to be alive and well at the Texas Parks and Wildlife Commission, which recently made a self-proclaimed “last resort” decision, along with a series of statements, that has me wondering what accountability looks like among politically-appointed officials. Governor Greg Abbott appointed those commissioners. He’s elected, they are not. They don’t report to you or to me. Reelection isn’t a consideration of theirs. For what and to whom are they accountable?
Certainly not the Texas Legislature which torpedoed two bills to use eminent domain to condemn Fairfield Lake State Park. This spring, neither House Bill 2332 or Senate Bill 1656 made it out of committee. I assumed this was because the overwhelming majority of our elected officials are like most Texans: staunch property rights advocates.
Certainly not the highest ranking officials of Freestone County who, in solidarity, sent TPWD a setter stating “Texas Parks and Wildlife Department’s agenda to use eminent domain to save Fairfield Lake State Park is an abuse of power and government overreach.” They all run for election.
Not only did the commissions not consider the Freestone County officials letter, they haven’t even responded to the county, or to anyone as far as I’m aware, concerning the Saturday morning meeting on June 10 at which they approved the use of eminent domain. They have stated through a spokesperson that TPWD Chairman Arch Aplin’s Op-Ed in this newspaper is the “final word” on the matter.
But an examination of Aplin’s words leaves doubt. Aplin has said publicly that “TPWD is not taking, nor do we intend to take, anyone’s private land to establish new parks.”
But that’s not true. Aplin and his fellow commissioners authorized TPWD to use eminent domain to acquire not only the 1,821 acres it formerly leased from Vistra Energy for a state park, but it supersized this land grab by authorizing the acquisition of an additional 3,200 acres that my partners and I purchased along with 1967 adjudicated water rights. That is property the state has never controlled. TPWD is taking private land to establish new parkland, precisely what Aplin promised not to do.
Aplin has also stated publicly that TPWD “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.”
But that’s also not true. The only offer my firm received in any official correspondence was dated June 8, two days before the commission voted to approve the use of eminent domain. Far from an arms-length transaction, this letter cited the Texas statute for eminent domain and announced the state’s intention to take all 5,000 acres without owner consent.
I don’t know whether Aplin’s fellow commissioners knew that eminent domain proceedings had been initiated before they voted to approve them, but Aplin clearly knew. His signature is on the letter.
I find it interesting that Aplin also stated publicly, as if some means for self-justification, that, “These offers were rejected, including an offer to the developer for $20 million plus expense to buy out his contract.”
Again, that’s not true. Aplin did not make us an offer; he made us a contingent proposal subject to negotiating a new agreement with our seller that hinged on a proposed senate bill providing the funds. That proposal was so riddled with conditions it was neither bonafide nor legitimate. It called for delays. It lacked funding sources. It was contingent on TPWD reaching an agreement with Vistra — one which, in fact, Vistra rebuffed.
I believe the citizens of Texas deserve to know the full story about Fairfield Lake State Park, and not just Aplin’s spin.
Finally, all Texans should know that in September of 2022, under Aplin’s personal signature, TPWD requested and was appropriated $125 million via Senate Bill 30 with specific language that authorized the “acquisition of Fairfield Lake State Park and other strategic park acquisitions from willing sellers as they become available.”
My partners and I are not willing sellers. Have the elected representatives and senators who voted on and appropriated these funds for “willing sellers” been made aware that such monies are being used outside of that authorization? Those monies were not appropriated for eminent domain.
All Texans should be concerned when a rogue political appointee willingly makes decisions in blatant disregard to the position of local elected officials and the legislative actions of state officials.
Texans deserve better.
For ranchers, farmers, and countless land owners across this state who have spoken out publicly and written dozens of letters of concern and outrage to not be heard or answered is wrong.
With regards to that creative person in the midst of self-justification, I am asking that the other TPWD commissioners — Blake Rowling, Bobby Patton, Jeff Hildebrand, Lee Bass, Dick Scott, James Abell, Oliver Bell, Paul Foster, Anna Gallo, and Dan Friedkin — gather with Aplin immediately to provide a different perspective. Ask hard questions and address potential blind spots. And respectfully, please heed the words of the Freestone County Commissioners who wrote,
“The elected Commissioners of Freestone County do not like the idea of appointed Commissioners who were derelict of their duty to make decisions which will affect the taxpayers of Freestone County. We ask you stop this now.”
Shawn Todd is founder of Todd Interests, a Dallas development firm that owns land formerly occupied by Fairfield Lake State Park. He wrote this column for The Dallas Morning News.
