TPW Commission is currently on step 4 of a 5-step process for exercising the power eminent domain in order to preserve Fairfield Lake State Park.

Step 1 – A bona fide offer

Two offers were presented by TPWD, both rejected by Todd Interests, the developer who purchased the 5,000-acres surrounding Fairfield Lake State Park.

On August 15, 2023, Shawn Todd confirms to media that they had rejected the final offer submitted by TPWD to purchase the Park, additional land, and separate water rights.

Step 2 – Vote at a public meeting

During a Special Meeting on June 10, 2023, TPW Commission votes to approve the use of eminent domain to condemn approximately 5,000 acres surrounding Fairfield Lake.

Step 3 – File a condemnation petition in court

On September 1, 2023, TPWD officially files a petition in the 87th Judicial Court in Freestone County, Texas to condemn the property, requesting that a 3-person special commission be appointed within 30 calendar days to assess damages of the owner.

Judge David Brabham, Senior Judge of the 188th District Court has been assigned as Presiding Judge in this matter. Freestone County’s 77th District Judge Patrick H. Simmons and 87th District Judge Amy Thomas Ward have both recused themselves.

As of press time on Monday, there are no hearings set on this matter.

Step 4 – Special commissioners hearing

Within 30 calendar days of the court filing of petition for condemnation, 3 special commissioners, plus 2 alternates, are to be appointed by the court. These are to be disinterested real property owners who reside in Freestone County, Texas.

The Special Commissioners will hear evidence and award the property owner the current fair market value of the property, to be paid by TPWD.

TPWD can take possession of the property after depositing the payment into the registry of the court.

Step 5 – Objection and Appeal to court

Either party may object to the Special Commissioners’ findings.

If a party objects, the case proceeds to a civil trial. The judgment rendered in the civil trial can also be appealed.

Once all avenues of appeal have been exhausted, TPWD would pay the landowner the value decided by the court and take ownership of the land.