County Officials Air Grievances Concerning Park, Eminent Domain

Reading out names of citizens signed in to speak at last week’s Freestone County Commissioners Court meeting is County Judge Linda Grant (middle) as Commissioners (left-right): Clyde Ridge – Pct. 4, Lloyd Lane – Pct. 3, Will McSwane – Pct. 2, and Andy Bonner – Pct. 1 stand by to assist. Taking notes as they wait for their time on the agenda are TPWD representatives.

 

“Frankly, I don’t know why we are here,” Commissioner – Pct. 1 Andy Bonner fired.

“You invited us!” Texas Parks and Wildlife Department (TPWD) General Council, James Murphy fired back.

This exchange came toward the end of the first agenda item of the Freestone County Commissioners Court meeting on September 20th.

Indeed, TPWD had been asked to address the Court in order to clear up some confusion that had taken place through letters.

After exchanging pleasantries, County Judge Linda Grant told TPWD representatives that the tax revenue from the Todd Interests project would be so important to the County.

Addressing Freestone County Commissioners Court, and the residents attending last week’s meeting, are (left-right): TPW Commission Executive Director – Dr. David Yoskowitz, Director of Texas State Parks – Rodney Franklin, and TPWD General Counsel – James Murphy.

TPWD Executive Director Dr. David Yoskowitz, in addressing the court, said public land trust is a huge responsibility. He indicated that TPWD plans 100% to go forward with Eminent Domain of what was Fairfield Lake State Park and surrounding land of about 5,000 acres.

Commissioner – Pct. 3 Lloyd Lane pointed to a letter from TPWD that was published in the Freestone County Times indicating the Court had initially been in favor of eminent domain. County Commissioners sent another letter in August that confirmed their opposition.

The TPWD letter published in the Freestone County Times’ July 26, 2023 print edition was in response to the June 21, 2023 letter from Freestone County Commissioners that requested the State NOT use eminent domain to save the former Fairfield Lake State Park property.

All the letters, including the follow up by County Commissioners dated August 9th, have been posted with each subsequent article on the newspaper’s website for readers to reference.

Commissioner Lane said that after the TPWD letter was published, none of them could go into any restaurant in town without being approached about this.

“That letter created a huge false narrative,” Lane stated. In the meeting it was made clear that Judge Linda Grant, acting alone and on her own letterhead, had written to TPWD asking them to save the Park.

“I did not say that I supported Eminent Domain,” Judge Grant reiterated.

Click here to read the letter signed by Judge Grant in support of saving the Park. Eminent domain is not mentioned.

According to TPWD Deputy Communications Director Cory Chandler, this letter was submitted during the public comment period prior to the June 10, 2023 special meeting during which TPW Commission approved the use of eminent domain. He commented further that no other Freestone County commissioners provided written or in-person comment at that time.

Dr. Yoskowitz said that, as the Chief Executive Officer of the County, they felt she represented the Court entirely.

Commissioner Lane told them that they were not in favor of Eminent Domain.

It is important to note that later, during TPW Commission’s annual Public Hearing held August 23, 2023 in Austin, Freestone County Commissioner Lloyd Lane, and at least one other person, spoke publicly against the use of eminent domain to save Fairfield Lake State Park.

Click here to listen to the audio of the entire public hearing.

TPWD Director of State Parks Rodney Franklin explained why they did not purchase the Park when it became available. “We did not have it in our budget at the time.”

He pointed out the Country was in the middle of a pandemic at the time that impacted the economy. Director Franklin also said they had planned to acquire partners for the purchase but were unable to do so after several attempts.

Commissioner – Pct. 4 Clyde Ridge asked, since they had planned to purchase only the 1,800-acre Park, why now, with Eminent Domain, were they attempting to get the entire 5,000 acres?

The answer was that if TPWD did not obtain the rest of the property that includes the dam, it would be a risk to the lake.

Commissioner Bonner asked if they had the money today and was told the State allocated $125 million for the purchase.

Commissioner Lane challenged that TPWD had once proposed to sell the water in the lake.

TPWD Murphy confirmed there had been an in-house talk to do that, “but that did not happen!”

Commissioner Lane asked about the 80,000 visitors to the Park. He was assured that they could provide year-by-year numbers as each Park keeps a record.

According to TPWD Deputy Communications Director Cory Chandler, the 2022 number was actually closer to 82,000 visitors.

He had this to say:  “As for the visitation numbers, those are captured through our online reservation system and verified when visitors check into the park.  2022, the last full year of operation, roughly 82,000 visited Fairfield Lake State Park. This year, we recorded 45,000 visitors by the time the park closed.” 

Commissioner Lane further questioned if the State Legislature approved of TPWD using Eminent Domain.

Executive Director Dr. David Yoskowitz stated that the fact the State had provided $125 million for the purchase was proof that they supported the move.

A final point was requested to be cleared up. That was if TPWD had actually spent $79,000 in upkeep over the 50 years. Dr. Yoskowitz said he did not have the exact amount at the moment.

The Times followed up with Deputy Communications Director Chandler to inquire about the Park expenses going forward since, it is our understanding from pictures available on the Internet, that many of roads and buildings had been destroyed by Todd Interests.

“Yes, we will be able to rebuild park infrastructure and reopen the park, as well as the dam,” said Chandler.

Lane ended the discussion with TPWD by stating that it was a shame that the State of Texas was able to manipulate the media.

Mary McDonald reporting.

 

(Photos by Natalia V. Marsters)

 

TPWD has released copies of several communications (texts and emails) with Todd Interests during the attempted negotiations, as well as emails concerning water issues with Todd Interests, the City of Dallas and Trinity River Authority.

See below links to read:

 

State Parks are Rural Economic Engines

TPWD Fairfield Lake Timeline – 1970’s to 2023

Shawn Todd and Trinity River Authority – 11-10-2022

Shawn Todd and Dallas Water Utilities – 12-06-2022

Messages with Jim Burke – 04 & 05-2023

Messages with Shawn Todd – 05-2023

Offer Letter to Todd Interests 05-12-2023

Todd Interests Response Letter – 05-23-2023

Response Email Chain – 05-24-23

Aplin-Todd Texts – 05-2023

Burke-Aplin – 05-26-2023

Condemnation of Land presentation – Fairfield Lake State Park – Franklin Murphy – 06-10-2023