Federal Court Rules Against Rhode Island Town's Use of Eminent Domain for NIMBY Purposes

A federal court in Rhode Island has ruled against the town of Johnston’s attempt to seize a 31-acre property owned by the Santoro family through eminent domain, calling the move unlawful and lacking proper legal procedures. The court found that the town failed to comply with state laws governing the use of eminent domain, effectively blocking the controversial land takeover. The property in question is owned by several members of the Santoro family through their company, SCLS Realty, LLC. In late 2024, the family approached Johnston officials with plans to develop the vacant lot into a 254-unit housing project. The proposal included at least 25 affordable housing units, aligning with a recently passed state law that allows developers to exceed local zoning restrictions if they meet affordability requirements. However, the plan faced strong opposition from town officials, including Mayor Joseph Polisena, who vowed to “use all the powers of government that I have to stop” the project. Despite these objections, the Santoro family proceeded under the state law, arguing that their development would serve public interest by providing affordable housing. Instead of addressing the proposal directly, the town opted to take the property through eminent domain, claiming the land was necessary for new municipal buildings. This approach bypassed the standard procedures required for such seizures. In March, the town passed a resolution establishing a unique process for seizing the land via eminent domain. The following day, the Santoro family filed a lawsuit in federal court to halt the seizure, alleging that the town’s claim of needing the land for a “municipal campus” was a pretext to block their development. The family argued that the town had not followed the legally mandated steps for eminent domain and had acted unlawfully. Undeterred by the lawsuit, the town moved swiftly to assert control over the property. On the very day the lawsuit was filed, the town submitted documents to Johnston’s land evidence record office, citing the eminent domain resolution and transferring the property’s title to the town. Crucially, the town did not inform the Santoro family or their attorneys of this action. Later that same day, the town also filed a petition in Rhode Island state court requesting that $775,000 be deposited with the court as compensation for the land. Again, the Santoro family and their legal representatives were not notified of either the transfer of title or the deposit petition. The town further withheld information about a hearing held on Friday, during which the state court accepted the deposit petition without the presence of the Santoro family or their lawyers. On social media, Mayor Polisena announced the seizure of the property as a completed action, leaving the Santoro family unaware until later. The town only informed the family that their land had been taken after the fact, prompting immediate legal action. The Rhode Island District Court swiftly intervened, ordering the town to return the property to the Santoro family’s company. In a clear rebuke of the town’s actions, Judge Melissa R. DuBose stated that the town’s rapid seizure violated state regulations governing eminent domain. She emphasized that municipalities lack the authority to establish their own processes for land takings, as such power is granted only through specific statutory provisions. The court’s ruling reinforced the principle that governments must adhere strictly to legal frameworks when exercising eminent domain. The decision also highlighted the importance of due process, ensuring that property owners are fully informed and given opportunities to contest such actions. Attorney Kady Valois of the Pacific Legal Foundation, which represented the Santoro family, praised the ruling as a critical check on governmental overreach.