Texas’ use of eminent domain in the Fairfield Lake case is ‘unique’

Fairfield Lake State Park will be seized by the state in an effort to halt a private developer’s plans to turn the land into a luxury community of...

The Texas Attorney General’s Office previously said in a letter to Todd Interests on behalf of Texas Parks and Wildlife that the state intended to acquire the property by “all legally available means.”

A representative from Todd Interests did not immediately respond for comment, and a representative from Vistra Corp. said the company has no formal comment on the eminent domain decision.Eminent domain can be used to build public parks or preserve existing public spaces.Merkord said he doesn’t frequently see cases where the state uses eminent domain to preserve an existing public park. But the state likely has the legal grounds to seize the Fairfield Lake land, he said.

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