LOVING COUNTY, TEXAS — An Indiana resident is facing a civil lawsuit from the Texas attorney general after allegedly attempting to recruit individuals to help him “overthrow” the local government in a lightly populated area of Texas.

The lawsuit, initiated by Texas Attorney General Ken Paxton, targets Malcolm Tanner from Crawfordsville. Filed in Loving County’s District Court, the suit claims Tanner breached public health standards set forth in the Texas Health & Safety Code. He is accused of encouraging people to move to Loving County, where he bought two parcels of five acres each in January.

Paxton pointed out that these plots lack essential utilities, raising health concerns for the women and children invited to reside there, as there are no proper sewage systems. Alongside the lawsuit, a Temporary Restraining Order has also been filed against Tanner.

Loving County: The least populated county in the United States

Loving County is highlighted in the lawsuit as a rural expanse covering about 677 square miles in western Texas. As of the 2020 census, it had a population of only 64 residents. Notably, the area is rich in oil, with a reported total taxable value exceeding $18 billion.

By 2024, data from the United States Census Bureau indicated that the population of Loving County had decreased to 48 people.

What does the lawsuit say?

The lawsuit alleged that Tanner plans to “overthrow the local government in Loving County and run for president in 2028.” Paxton said the plan centers on Tanner’s purchase of two adjoining five-acre tracts of land in Mentone, a town that serves as the county seat of Loving County.

The lawsuit argued that Tanner has been persuading “followers” to move to Loving County by promising to provide a “free” place to live on the property and a monthly allowance of $5,000.

The acquisition of land and growing population has concerned Paxton and Texas officials due to a lack of sewer access, septic systems, running water and limited electricity.

Paxton said the goal of the lawsuit and restraining order is to prevent Tanner from contaminating subsurface water with the improper discharge of human sewage. The state is also seeking civil penalties.

“Indiana resident Malcolm Tanner has no right to try and take over Loving County with illegal schemes that endanger real Texans,” said Attorney General Paxton. “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. I will not stand by while frauds try to carve up Texas for themselves and make everyone sicker and less safe along the way.” 

The lawsuit accused Tanner of offering free housing to people if they helped him achieve his political goals, accusing him of targeting women with children.

“Since purchasing the Property, Tanner has been advertising ‘free’ homes to consumers on social media and other messaging platforms, such as Clubhouse, to those willing to move to the County and register to vote,” the lawsuit said. “He appears to be targeting women with children.”

The lawsuit highlighted several social media posts in which Tanner allegedly announced his intent to change the name of the county to “Tanner County” and run in the 2028 presidential election.

Although the individuals who have followed Tanner to west Texas were promised “free” homes, the lawsuit claimed they are living in recreational vehicles and camper vans Tanner purchased. These reportedly lack running water, electricity or appropriate waste disposal.

“Given the ever increasing population calling Defendant’s property home, the
necessity to dispose of accumulated sewage and human excreta, and the lack of
plumbing for sewage or septic disposal, the State believes Defendant is or is
threatening to dispose of sewage and human excreta in a manner that contaminates
surface soil, contaminates sub-surface drinking water, and creates a risk for disease
transmission to a person or between persons,” the lawsuit said.

Officials also expressed concerns over Tanner’s use of the property to meet with “co-conspirators” and plan “criminal activity.”

Paxton also accused Tanner of false advertising, stating that the homes are not free. Instead, the lawsuit said individuals are expected to provide payments every month and face possible eviction if they miss these payments. It goes on to state that Tanner allegedly receives financial support from the individuals so they can continue living on the property.

In addition to allegations that Tanner is violating the Texas Health & Safety Code, the lawsuit also accused him of violating the state’s Public Nuisance Law and Deceptive Trade Practices Act.

To read the entire lawsuit, click here.