A federal judge has blocked a Rhode Island town’s attempt to use eminent domain to seize a vacant lot that slated to become an affordable housing development.
In January 2025, Mayor Joseph Polisena Jr. of Johnston declared his town was seizing over 31 acres of vacant land owned by several members of the Santoro family, through their company SCLS Realty LLC. Polisena was opposed to the housing development, claiming it would create a “trifecta of chaos” due to increased traffic, drainage issues and an influx of residents. He also sought to justify his action by posting dozens of photographs online that allegedly showed derelict conditions of the municipal facilities he is seeking to replace.
Instead of the affordable housing development, Polisena stated the land would be used for a “municipal campus” featuring a new town hall, police station and fire station.
However, Reason.com reports that Polisena’s actions were overturned by Melissa R. DuBose, a judge for the US District Court for the District of Rhode Island.
“When a municipality elects to invoke the power of eminent domain, it must proceed in the manner prescribed by law, and the Town did not do so here,” DuBose wrote.
DuBose’s ruling affirmed an earlier decision against the town from the Rhode Island District Court, which ordered the title to the land be returned to the Santoro family’s company. The judge also dismissed the town’s claim that it could create its own bespoke eminent domain process.
“A municipality is not in and of itself a sovereign,” wrote DuBose. “Because eminent domain is an inherent attribute of sovereignty, a municipality may exercise that power only to the extent the General Assembly has delegated it by statute.”
“This ruling reins in the town’s obvious abuse of power and protects every American whose land a government might decide it wants,” said Kady Valois, an attorney at Pacific Legal Foundation, which litigated the case on behalf of the Santoro family.
Photo: Mayor Joseph Polisena Jr.
0 Comments