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AUSTIN — A man offering free housing to entice people to relocate to a remote area of West Texas is now embroiled in a legal battle with the state’s attorney general.
The office of Attorney General Ken Paxton has announced that Malcolm Tanner is under fire for allegedly concocting an “illegal scheme” with the intent to seize political control of Loving County, Texas’s least populated county. Paxton is seeking a temporary restraining order to halt Tanner’s activities.
In a series of social media videos, Tanner has claimed he’s in the process of constructing 100 free homes and is offering a ,000 monthly incentive to those ready to move to the area.
According to the lawsuit, Tanner owns two undeveloped five-acre plots in Loving County. Investigative reporting from the Houston Chronicle reveals that roughly three dozen people have already moved to the area, many living in RVs, tents or makeshift shelters.
The Texas Attorney General’s Office alleges these settlements violate the Texas Health and Safety Code because of improper sewage disposal and a lack of sanitation.
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MENTONE, TEXAS – AUGUST 19: Kay Hinton-Faciane had been following Dr. Malcolm Tanner’s social media site closely to find out what is going on in Loving County on Tuesday, Aug. 19, 2025. Hinton-Faciane also works in the post office and had noticed the increase in voter registration applications. (Elizabeth Conley/Houston Chronicle via Getty Images) -
MENTONE, TEXAS – AUGUST 19: A stack of voter registration forms that have arrived since July sit in the Loving County offices in Mentone on Tuesday, Aug. 19, 2025. (Elizabeth Conley/Houston Chronicle via Getty Images) -
MENTONE, TEXAS – AUGUST 19: Loving County office building in Mentone on Tuesday, Aug. 19, 2025. (Elizabeth Conley/Houston Chronicle via Getty Images) -
MENTONE, TEXAS – AUGUST 19: An unpaved lease road leads to the two five-acre parcels northwest of Mentone that Dr. Malcom Tanner bought with the intention of building over 100 homes, photographed on Tuesday, Aug. 19, 2025. (Elizabeth Conley/Houston Chronicle via Getty Images) -
MENTONE, TEXAS – AUGUST 19: Malcolm Tanner, pictured in the social media post above, has brought a small enclave of outsiders to Loving County, Texas, the least-populous U.S. county, promoting low-cost housing and a possible takeover of county government by winning at the ballot box. (Elizabeth Conley/Houston Chronicle via Getty Images)
“His deceptive and unlawful scheme to lure people with free housing for the purpose of conducting a political takeover is a disgustingly fraudulent plot to line his own pockets,” Paxton said in a statement. “I will not stand by while frauds try to carve up Texas for themselves and make everyone sicker and less safe along the way”.
Videos posted on Tanner’s Facebook feature captions like ”Come build a future together. Say yes and join the movement.” Other posts mention “free political homes.” His page shows videos of a handful of people building, dancing or walking in the community.
affiliate KXAN reached out to Tanner through social media and the Clubhouse app he frequently promotes, but has not yet received a response.
Houston Chronicle investigative reporter Eric Dexheimer, in his investigation, said Tanner has said on social media that the goal is to get enough people in the area to register to vote to win county seats. The county has a population of just 64 people, according to Census data. Tanner also claims to be running for president in 2028.
The Temporary Restraining Order seeks to halt further habitation on Tanner’s land until it complies with health regulations and to prevent further sewage discharge that could contaminate soil or water.
