January 30, 2025

Preserving Texas State Parks: The Role of Leasing

Jim Chapman Lake

Did you know that many state parks in Texas are actually leased rather than owned by the state? This interesting fact has recently come to light with the news that Fairfield Lake State Park, located between Dallas and Houston, is being closed to make way for a new upscale gated community. But Fairfield Lake is not the only state park in Texas that is leased. In fact, the Texas Parks and Wildlife Department leases at least 15 parks from various entities, including the U.S. Army Corps of Engineers, river authorities, and city or county governmental entities.

One of the leased parks is Lake Colorado City State Park, located in Colorado City, Texas. This park sits on land owned by The Texas Electric Service Company and is leased by the Texas Parks and Wildlife Department. Although wildlife officials say they are not aware of any risk of closure for Lake Colorado City State Park, the situation with Fairfield Lake State Park raises concerns about the fate of other leased parks in Texas.

Leasing land for state parks is not a new practice in Texas. The state has been leasing land for decades and using it for state parks, ranging in size from less than an acre to several thousand acres. However, the closure of Fairfield Lake State Park highlights the potential vulnerability of leased parks. When the lessor, Vistra Energy, terminated the lease for Fairfield Lake State Park, the property was sold to a developer, Todd Interests, which plans to turn it into a private community with multi-million dollar homes and a golf course.

The closure of Fairfield Lake State Park and the potential closure of other leased parks raise questions about the future of public access to these natural spaces. Some argue that the state should have exercised its right of eminent domain to acquire the land and prevent its conversion into a private development. Eminent domain is the process by which governments can acquire private property for public use, as long as the landowner is adequately compensated. The Texas Parks and Wildlife Commission will hold a special meeting on June 10 to consider acquiring the land through condemnation, which would involve using eminent domain.

The use of eminent domain in this case has been a contentious issue. Lawmakers previously considered a bill that would have allowed the state to use eminent domain to acquire the property, but it was significantly altered to focus on water rights instead. The bill passed in the House but was left pending in a Senate committee due to concerns about potential litigation. Now, the Parks and Wildlife Commission is exploring other options to prevent the closure of Fairfield Lake State Park.

The closure of Fairfield Lake State Park also raises concerns about the impact on the environment and local communities. The developer plans to divert a significant amount of water from the lake for consumption in the Dallas/Fort Worth Metroplex, which could have negative consequences for the lake’s shoreline and aquatic life. The Texas Parks and Wildlife Department claims that diverting that amount of water would trim 11 miles off the shoreline and damage the lake’s ecosystem. However, the developer argues that they are conservationists and preservationists, and that they plan to develop the property with low density to minimize environmental impact.

Texas may condemn Fairfield Lake State Park land to save it, as park closes once again

The fate of Fairfield Lake State Park serves as a reminder that not all state parks in Texas are owned by the state. Leasing land for state parks has been a longstanding practice, but it raises questions about the long-term preservation and accessibility of these natural areas. As Texas continues to grow and develop, it is essential to consider the value of public lands and the importance of maintaining them for future generations to enjoy. The closure of Fairfield Lake State Park should prompt a broader discussion about the balance between development and conservation and the need to protect these precious natural resources.

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