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Dec 30th, 2023
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 Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838005
09/14/23 06:24 PM
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Joined: Dec 2003
Posts: 39,808
Allison1
TFF Guru
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TFF Guru
Joined: Dec 2003
Posts: 39,808 |
All this talk we are doing is revolving around different ways of looking at properly paying for the land.
Its obvious what the value is to Todd. I think everyone understands that he will lose money if the state can get it at what he paid for it or anything close. I also think everyone understands that the state can take the land for what its worth.
The discussion should center around why anyone believes he should not be paid for the land based on what its value is now while being developed.
I am wrong but you can not prove it, you just believe it enough from the bottom of your heart.....
.......Every post you make I'll be trolling you.
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838006
09/14/23 06:26 PM
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Joined: Apr 2006
Posts: 256
RPD
OP
Angler
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OP
Angler
Joined: Apr 2006
Posts: 256 |
TPWD will be able to enter the park because they received the right by injunction from the district Court since Todd Interests would not give them access. Rumor has it that the construction company may not be out there anymore. Hopefully the park has been spared from further destruction.
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838055
09/14/23 07:14 PM
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Joined: Mar 2012
Posts: 1,858
4Weight
Extreme Angler
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Extreme Angler
Joined: Mar 2012
Posts: 1,858 |
TPWD will be able to enter the park because they received the right by injunction from the district Court since Todd Interests would not give them access. Rumor has it that the construction company may not be out there anymore. Hopefully the park has been spared from further destruction. Word
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Re: FAIRFIELD, things are about to get interesting
[Re: Nathan Bass]
#14838074
09/14/23 07:34 PM
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Joined: May 2007
Posts: 43,177
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 43,177 |
John here's the problem with that. The appraisal district has not changed the values or assessments from what Luminant was paying for years, maybe because of the pending litigation? If you run everything Todd or FLG bought and is shown to currently own, the total assessed value is only $9,153,902.00. This amount does not include the water area, which is owned by the State of Texas and is held in trust for the citizens of the state. This amount also does not account for the value any of the buildings would have had, since they were built and owned by the State which is tax exempt. The info and link is below if you want to dig around. https://www.freestonecad.org/ ![[Linked Image]](https://texasfishingforum.com/forums/pics/userpics/2023/09/full-111247-197921-result_1694709088181.jpg) I'm sure there was verbage on the lease regarding the buildings and fixtures the state built. When they abandoned the lease they abandoned the buildings and those would revert to the property owner..... thats fairly universal in land lease situations and they would be a moot point as they are now gone lol.
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Re: FAIRFIELD, things are about to get interesting
[Re: Allison1]
#14838081
09/14/23 07:43 PM
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Joined: Mar 2019
Posts: 154
Nathan Bass
Outdoorsman
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Outdoorsman
Joined: Mar 2019
Posts: 154 |
Allison, the huge gray area in this crazy saga, is that the property was purchased at what may not be fair market value. We now know that Todd is window dressing for a group that is trying to gain citizenship to the US, they probably look at their investment as more of an entry fee than typical ROI. We have all assumed that the State screwed this deal up from day one from the typical governmental incompetence. There is a small chance, that the State actually knew the property was not worth the asking price and figured no one would ever make an offer, because the math just doesn't work. Another thing the Chinese money helps to explain, is Todd refusing the 25 million to walk away. It's probably impossible to have good faith negations with someone in Todd's position, which is why the State had to ultimately use eminent domain. 
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Re: FAIRFIELD, things are about to get interesting
[Re: Allison1]
#14838086
09/14/23 07:54 PM
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Joined: Jan 2013
Posts: 8,511
Scoundrel
TFF Celebrity
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TFF Celebrity
Joined: Jan 2013
Posts: 8,511 |
Who does not want them to pay what Todd would sell the property for when the commission meets to determine the price the state must pay for damages? That is the way it works. Both sides will present evidence but the guidelines are clear. The price is the amount the seller would sell if he desired to sell but didn't have to. Maybe hard to understand, do you think they condemned all or part of the property? Part (b) is pretty clear but you seem to want to ignore that. ——————- Sec. 21.042. ASSESSMENT OF DAMAGES. (a) The special commissioners shall assess damages in a condemnation proceeding according to the evidence presented at the hearing. ( b) If an entire tract or parcel of real property is condemned, the damage to the property owner is the local market value of the property at the time of the special commissioners' hearing.(c) If a portion of a tract or parcel of real property is condemned, the special commissioners shall determine the damage to the property owner after estimating the extent of the injury and benefit to the property owner, including the effect of the condemnation on the value of the property owner's remaining property. (d) In estimating injury or benefit under Subsection (c), the special commissioners shall consider an injury or benefit that is peculiar to the property owner…. —————- That said, the special commission has latitude to determine the valuation, maybe fair maybe high maybe low. Then both sides decide to either accept or move to the next level. If TPWD accepts and pays they take possession while next level in court proceeds.
terms of “adequate compensation,” the Texas
statutes refer to compensated damages in terms
of “market value.” Market value has been further defined in case law as “the price the property will bring when offered for sale by the one
who desires to sell, but is not obligated to sell,
and is bought by one who desires to buy, but is
under no necessity of buying.” (See State v. Carpenter, 89 SW 2d 194, CT. of Civil App., 1936.)
The issue of market value is not necessarily
determined by current usage. Texas law permits
the consideration of the highest and best use
to which the land can reasonably be adapted in
ascertaining market value."the price the property will bring when offered for sale by the one Todd Interests who desires to sell, but is not obligated to sell, and is bought by one TPWD who desires to buy, but is under no necessity of buying". What is the highest and best use that the land can reasonably be adapted? I would think it has to include the use that Todd is currently developing it for. That language I used comes from a guide put out by Texas A&M titled Understanding the Condemnation Process in Texaswhich I took from a guide that was taken from a list provided online from the Texas State Law Library. Oh, I see … in your prior post you used a truncated part of the actual law that doesn’t apply to prove your fake point but now you don’t want to use the actual law. I think I’ll go with the actual law. Heck, TI may get $200M or more but I don’t think so. Do you want to bet a couple of mallards on it? 
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Re: FAIRFIELD, things are about to get interesting
[Re: Allison1]
#14838101
09/14/23 08:11 PM
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Joined: Feb 2006
Posts: 3,955
bronco71
TFF Team Angler
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TFF Team Angler
Joined: Feb 2006
Posts: 3,955 |
All this talk we are doing is revolving around different ways of looking at properly paying for the land.
Its obvious what the value is to Todd. I think everyone understands that he will lose money if the state can get it at what he paid for it or anything close. I also think everyone understands that the state can take the land for what its worth.
The discussion should center around why anyone believes he should not be paid for the land based on what its value is now while being developed. he should be paid what the CURRENT value is, not future developed value, not inflated price that he schemed with Vistra (the big winner)
1987 Nitro MX185/Mercury Black Max 150 (needs lots of work, put motor on nephew's boat)
1994 XSC-2200 "Jaguar" AKA Shadow 22 Magnum (restoring w/Mercury 200 XRI)
1994 Pantera II (restoring w/Mercury 200 EFI)
1999 Triton TX21/225 Mercury Optimax
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Re: FAIRFIELD, things are about to get interesting
[Re: bronco71]
#14838109
09/14/23 08:24 PM
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Joined: May 2007
Posts: 43,177
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 43,177 |
All this talk we are doing is revolving around different ways of looking at properly paying for the land.
Its obvious what the value is to Todd. I think everyone understands that he will lose money if the state can get it at what he paid for it or anything close. I also think everyone understands that the state can take the land for what its worth.
The discussion should center around why anyone believes he should not be paid for the land based on what its value is now while being developed. he should be paid what the CURRENT value is, not future developed value, not inflated price that he schemed with Vistra (the big winner) I suspect the number gets too high and the state walks away.
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838171
09/14/23 10:10 PM
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Joined: Jun 2012
Posts: 21,491
Douglas J
TFF Guru
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TFF Guru
Joined: Jun 2012
Posts: 21,491 |
![[Linked Image]](https://texasfishingforum.com/forums/pics/userpics/2024/11/full-72311-248284-f6b1190b_bbab_49d4_a1b2_6e9a1ce426f7.jpeg) #MFGA
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838182
09/14/23 10:27 PM
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Joined: Jun 2018
Posts: 314
BROWNING STRONG
Angler
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Angler
Joined: Jun 2018
Posts: 314 |
Todd was bragging in person a year before the deal closed to some locals at the north ramp that he already had 30million from perspective buyers in the bank . Makes no sense , 400 1 acre million $ lots in Fairfield Tx.
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Re: FAIRFIELD, things are about to get interesting
[Re: BROWNING STRONG]
#14838184
09/14/23 10:34 PM
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Joined: Jun 2012
Posts: 21,491
Douglas J
TFF Guru
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TFF Guru
Joined: Jun 2012
Posts: 21,491 |
Todd was bragging in person a year before the deal closed to some locals at the north ramp that he already had 30million from perspective buyers in the bank . Makes no sense , 400 1 acre million $ lots in Fairfield Tx. People with means do not like being bothered with those who are not in the same circles. So people will pay to "keep the peasants away"
#MFGA
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Re: FAIRFIELD, things are about to get interesting
[Re: WAWI]
#14838224
09/14/23 11:59 PM
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Joined: Jul 2011
Posts: 5,352
Dubee
TFF Celebrity
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TFF Celebrity
Joined: Jul 2011
Posts: 5,352 |
All this talk we are doing is revolving around different ways of looking at properly paying for the land.
Its obvious what the value is to Todd. I think everyone understands that he will lose money if the state can get it at what he paid for it or anything close. I also think everyone understands that the state can take the land for what its worth.
The discussion should center around why anyone believes he should not be paid for the land based on what its value is now while being developed. he should be paid what the CURRENT value is, not future developed value, not inflated price that he schemed with Vistra (the big winner) I suspect the number gets too high and the state walks away. I sure hope so just to piss off a few people on here
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838453
09/15/23 01:32 PM
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Joined: Aug 2001
Posts: 13,521
Razorback
TFF Guru
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TFF Guru
Joined: Aug 2001
Posts: 13,521 |
Keep hoping right to the bitter end. Going down with the ship seems like the best course to follow.
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Re: FAIRFIELD, things are about to get interesting
[Re: RPD]
#14838454
09/15/23 01:32 PM
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Joined: Jun 2012
Posts: 21,491
Douglas J
TFF Guru
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TFF Guru
Joined: Jun 2012
Posts: 21,491 |
$250M is reasonable for a state park, pay Todd 
#MFGA
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Re: FAIRFIELD, things are about to get interesting
[Re: Douglas J]
#14838466
09/15/23 01:46 PM
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Joined: May 2007
Posts: 43,177
WAWI
TFF Guru
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TFF Guru
Joined: May 2007
Posts: 43,177 |
$250M is reasonable for a state park, pay Todd 100 percent
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