A federal court has ruled against the town of Johnston, Rhode Island, for attempting to use eminent domain to seize a 31-acre vacant lot owned by the Santoro family through their company SCLS Realty, LLC. The property was slated for development into a 254-unit affordable housing project.

In late 2024, the Santoro family approached Johnston officials with their development plans, which were met with opposition. Johnston Mayor Joseph Polisena vowed to "use all the powers of government that I have to stop" the project. Despite this, after the Santoro family filed a lawsuit, the town filed documents transferring the property's title to itself, citing an eminent domain resolution. The town also petitioned Rhode Island state court to deposit $775,000 as payment for the land.

U.S. District Court Judge Melissa R. DuBose wrote, "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." The court emphasized that eminent domain is an inherent attribute of sovereignty and municipalities may only exercise it as delegated by the General Assembly.

Kady Valois, an attorney at the Pacific Legal Foundation representing the Santoro family, stated, "This ruling reins in the Town's obvious abuse of power and protects every American whose land a government might decide it wants."

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