The Texas Parks and Wildlife Department began the legal process of eminent domain to seize the former state park and save it from being turned into an upscale subdivision. The agency had offered a Dallas-based developer $103 million for it.

Todd Interests, which plans to turn the former park into a high-end subdivision, has a week left to respond to the state’s final offer for the property.

The garden in the middle of a 35,000-acre former mine is supplying thousands of pounds of fresh produce to families in three counties that have few grocery stores.

With only three days left on the state’s lease, the agency unanimously voted to condemn almost 5,000 acres in Freestone County in an effort to keep the park open to the public after developers purchased the property to build a gated community.

The state is now considering seizing the land to save the park after its purchase offer was rejected by a Dallas developer.