Authentic estate group says use of eminent domain at state park internet site sets ‘dangerous precedent’

AUSTIN (KXAN) — The state’s most significant team of real estate pros has identified as upon Parks and Wildlife leaders to reverse its final decision to use eminent domain to choose above a condition park, expressing the conclusion sets a “dangerous precedent.”

The Serious Estate Council, which calls itself the major business actual estate corporation in Texas, despatched a letter to the state’s Parks and Wildlife Fee Tuesday, urging it to rethink the prepared use of eminent domain at Fairfield Lake State Park.

The Parks and Wildlife Commission voted June 10 to condemn the 5,000-acre assets, which contains the 1,460-acre condition park. The park, about 70 miles east of Waco, was leased to TPWD by Vistra Vitality, which previously owned a electricity plant on the lake, for about 50 decades. The business sold the land to Todd Pursuits as of June 1, just after decades of failed negotiations with the state to acquire the house.

“Pursuing eminent domain at the expiration of a government lease generates a problematic precedent for residence entrepreneurs who lease to condition agencies and for potential true estate transactions associated to these leases,” wrote Linda McMahon, president and CEO of The Genuine Estate Council, in the letter.

“Allowing condition agencies the power to do so with no oversight and help from the Legislature is incredibly troubling, and the local federal government exactly where the home is positioned, Freestone County, does not aid or endorse this motion,” McMahon explained.

Freestone County Commissioners voted past 7 days to send a very similar letter to Parks and Wildlife commissioners, expressing they ended up “extremely disappointed” and named the use of eminent domain an “infringement on personal home legal rights.”

A spokesperson for the Parks and Wildlife Division confirmed to KXAN the section did receive the letters but provided no comment in response.

Lawmakers did think about the use of eminent domain in this case earlier this yr. Companion Home and Senate payments unsuccessful to make traction, when another bill concentrating on drinking water rights at the lake passed the Property but not the Senate.

Todd Pursuits, the new landowner, is turning the web site into the ‘Freestone’ community, marketed as a “luxury lake and golf enclave encompassing the greatest privately owned body of water in the United States.” In addition to 400 lakefront households, the growth will attribute “amenities a relatives ought to count on from a earth-class resort,” which include a clubhouse, restaurant, vacation resort pool and a “championship-level” golf study course.

How does the eminent area method function?

The initial condemnation steps for the Fairfield Lake residence include things like a formal written offer you from TPWD, adopted by a closing penned offer on or soon after 30 days. The last offer you has to be equivalent to or increased than the land’s appraised benefit.

Cory Chandler, deputy communications director for TPWD, informed KXAN Friday an first provide has been sent through licensed mail. The landowner has the correct to decide whether or not to hold the supply total private or disclose it publicly.

Shawn Todd, CEO of Todd Passions, informed KXAN his financial institution recently appraised the worth of the property’s h2o legal rights alone at $238 million. The property experienced been outlined for sale by Vistra for additional than $110 million. Todd told KXAN his firm paid “just north of $100 million” for the land.

Soon after obtaining the ultimate present, Todd has 14 times to think about. If the offer is not acknowledged, the Texas lawyer general can petition to condemn the land. A few unique commissioners, appointed by a district court judge, would hear evidence and give the assets entrepreneurs the existing reasonable sector worth of the residence. TPWD would then shell out the amount of money and take possession of the home.

If both bash objects to the special commissioners’ conclusions, the circumstance would move to a civil trial.