Judge says Rhode Island town can't seize private lot to block affordable housing

The town of Johnston moved to seize a lot for municipal buildings after its owners submitted a plan for a 254-unit housing development.

1 minute read

July 30, 2026, 6:00 AM PDT

By Diana Ionescu @aworkoffiction


Red brick building with white columns in front for town hall in Rhode Island.

The Johnston, Rhode Island town hall. | Kenneth C. Zirkel, CC BY-SA 4.0, via Wikimedia Commons / Wikimedia Commons

A federal court rejected Johnston, Rhode Island's attempt to use eminent domain to seize a privately owned lot, reports Christian Britschgi in Reason.

"The property in question is a 31-acre site owned by several members of the Santoro family, through their company SCLS Realty, LLC," Britschgi explains. The company proposed a 254-unit housing project on the site, which town officials vowed to oppose. 

The Santoros relied on a new state law to build a project larger than typical zoning rules allow by including affordable units. In response, the town announced it would seize the property under eminent domain to build new municipal buildings.

According to Britschgi, "Yesterday's decision by the district court minced no words when declaring that the town's speedy seizure of the property was illegal, as it did not follow Rhode Island's much more detailed regulations governing eminent domain."

Wednesday, July 29, 2026 in Reason

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