LOVING COUNTY, TEXAS — An Indiana resident faces a civil lawsuit filed by the Texas attorney general, accused of enticing individuals with housing offers in exchange for their assistance in an attempt to “overthrow” a local government in a remote Texas county.

The lawsuit, initiated by Texas Attorney General Ken Paxton, targets Malcolm Tanner from Crawfordsville, alleging non-compliance with Texas Health & Safety Code regulations. Tanner reportedly sought followers to join him in Loving County after purchasing two five-acre plots there in January, according to a statement from Paxton’s office.

Paxton highlighted concerns over the absence of utilities on Tanner’s land, which poses a public health threat since families, including women and children, have been invited to reside there without adequate sewage infrastructure. Alongside the civil action, a Temporary Restraining Order has also been filed against Tanner.

Loving County: The least populated county in the United States

Loving County, described in the lawsuit, spans roughly 677 square miles in western Texas and had a population of 64 according to the 2020 census. Renowned for its vast oil reserves, the county boasts a taxable value exceeding $18 billion.

As per the United States Census Bureau, the county’s population decreased to 48 in 2024.

What does the lawsuit say?

The lawsuit further accuses Tanner of harboring ambitions to “overthrow the local government in Loving County and run for president in 2028.” These plans reportedly revolve around his acquisition of the two adjacent five-acre parcels in Mentone, the county’s administrative hub.

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.