“The Freestone County Commissioners feel that it is their duty to protect the rights of private property ownership here in Freestone County, even if that means that Freestone County will no longer have a State Park,” reads a written response to the July 21, 2023 letter from Executive Director of Texas Parks and Wildlife Commission, David Yoskowitz.

This letter from our local commissioners, dated August 9, 2023, was crafted with the assistance of Fairfield attorney Jacob Ramsey, who offered his services free of charge as a concerned citizen. “I live here,” he said. “This is my home.”

The main thrust of this letter is to express their disappointment and clear up what the commissioners say are false statements in Yoskowitz’s letter from last month.

According to Freestone County Commissioners, these false statements have led to ridicule on their part; and has also “misled the good citizens of Freestone County.”

Commissioners Andy Bonner – Pct. 1, Will McSwane – Pct. 2, Lloyd Lane – Pct. 3, and Clyde Ridge – Pct. 4 each assert that the following are false or misleading statements, made by TPW Executive Director Yoskowitz:

—‘Freestone County officials have provided outspoken support for the use of eminent domain in order to save the Park.’ and ‘County officials testified or submitted comment letters expressing support to the use of eminent domain if needed to save the Park.’

False. “Freestone County Commissioners have always supported the unique family atmosphere which the Park has provided to our citizens, along with providing an attraction to out-of-towners as a way to welcome them into our great community,” reads their August 9th letter. “It is also a fact that Freestone County Commissioners HAVE NEVER supported the idea of using eminent domain to accomplish the preservation of the Park.”

—County Commissioners had a ‘dramatic change in position,’ and ‘Freestone County did not express any concerns about the use of eminent domain to Texas Parks and Wildlife Department prior to the June 21st letter.’

Misleading. Details are important, according to County Commissioners. Their response reads, “During the 88th legislative session, the Texas State legislature REJECTED two bills that were submitted in an effort to use condemnation (i.e. eminent domain) to acquire the Fairfield State Park. As a result of this outcome, the Freestone County Commissioners did not feel like eminent domain was on the table and therefore did not see a need to express any concerns about it.”

However, during a June 10, 2023 Special Meeting, TPW Commission then approved the use of eminent domain to seize the state park property.

“Shortly after being informed of this, on June 21st the Freestone County Commissioners sent a letter to Texas Parks and Wildlife Department opposing the use of eminent domain to ‘preserve’ the Park,” reads this August 9th letter.

—‘Upon learning of the potential sale of the property, Texas Parks and Wildlife moved quickly to negotiate a strategy to acquire the park and preserve public use of the park,’ and ‘multiple conversations were conducted with both the previous owner, Vistra, as well as the current owner to negotiate purchase options amenable to all parties.’

False and misleading. This August letter by Commissioners expands on their observations by stating, “It is the Commissioners’ understanding that Texas Parks and Wildlife learned of the potential sale of the Park in 2017 and had every opportunity to ensure that the Park remain a State Park through lease renewal or through an outright purchase of the property. In fact, it was encouraged by many that Texas Parks and Wildlife preserve the State Park before it went up for sale.”

This property went up for public sale around October of 2021.

The Commissioners’ letter continues, reading that “…it was not until AFTER a contract was entered into between Vistra and Todd Interests that Texas Parks and Wildlife had a sudden sparked interest in ‘preserving’ the State Park.”

Freestone County Commissioners expressed their concern that Texas Parks and Wildlife “…is now attempting to use the Governmental Power of Eminent Domain to take the Park from an unwilling seller who acquired the property on the open market and has already put money and resources into it.”

In light of what they perceive as false and misleading statements on the part of TPW Commission and Executive Director Yoskowitz, that have caused “confusion and misconceptions” as to their stance on the Government’s use of Eminent Domain, all four Freestone County Commissioners are requesting a public retraction.

And, the County Commissioners request that the state agency would reconsider “…their position in their attempt to invade in the private sale of the Lake by exercising the Governmental Power of Eminent Domain.”

The next meeting for the Texas Parks & Wildlife Commission is set for August 23-23, 2023. A meeting agenda may be accessed online at tpwd.texas.gov/business/feedback/meetings

Click here to read the August 9th letter by Freestone County Commissioners.