Rhode Island town secretly seizes family’s property, threatens them with trespassing charges on their own land in a brazen attempt to block affordable housing development.
Quick Takes
- The Santoro family is suing the Town of Johnston, Rhode Island for abusing eminent domain to block their 252-unit affordable housing project on their 31-acre property.
- Mayor Joseph Polisena Jr. publicly vowed to “use all the power of government” to stop the housing development, then seized the land for an alleged municipal campus.
- Town officials secretly filed documents transferring the property title without properly notifying the owners and deposited $775,000 in court without their knowledge.
- The family’s federal lawsuit argues the town’s actions violate both the Fifth Amendment’s Public Use Clause and the 14th Amendment’s Due Process protections.
- Johnston has only 7.9% affordable housing units, below Rhode Island’s 10% threshold that limits municipalities from blocking such developments.
Liberal Government Seizes Private Property to Block Affordable Housing
In a shocking display of government overreach, the Town of Johnston, Rhode Island has seized private property from a family seeking to build affordable housing, threatening them with trespassing citations on their own land. The Santoro family, which includes Ralph and Suzanne Santoro, Lucille Santoro, and Salvatore Compagnone, planned to construct a 252-unit affordable housing development on their 31-acre property after Rhode Island passed a law in 2023 encouraging privately built affordable housing projects.
Mayor Joseph Polisena Jr. has made no secret of his opposition to the project, publicly declaring he would “use all the power of government that I have to stop it.” True to his word, the mayor announced plans to seize the property through eminent domain, claiming the town needed the land for a new municipal campus and public safety complex. The town’s actions have been described by legal experts as unprecedented and potentially unlawful.
Secret Property Seizure Bypasses Legal Process
The town’s tactics have shocked even seasoned property rights attorneys. Without proper notification to the owners or their legal representatives, Johnston officials quietly filed documents transferring the property’s title and deposited $775,000 in court as supposed compensation. The Santoro family only discovered the seizure through a social media post by the mayor. Following this secret maneuver, the town threatened the family with trespassing citations if they didn’t vacate their own property by a specified date.
“In 40 years, I’ve seen some pretty outrageous exercises of eminent domain powers. Never anything like this,” said Robert Thomas, a property rights attorney familiar with the case.
The family’s attorney, Kelley Morris Salvatore, stated that the mayor’s “primary purpose is clearly to block this project,” noting that the town had “literally made up this process” for seizing the land. Legal experts point out that proper eminent domain procedures require adequate notice, fair compensation negotiations, and legitimate public purpose — none of which appear to have been followed in this case.
Constitutional Rights Under Attack
The Pacific Legal Foundation, representing the Santoro family in their federal lawsuit, argues that the town’s actions violate fundamental constitutional protections. The case, titled SCLS Realty, LLC and Sixty Three Johnston, LLC v. Town of Johnston, RI, alleges violations of both the Fifth Amendment’s Public Use Clause and the 14th Amendment’s Due Process protections. The lawsuit seeks a temporary restraining order to stop what the developers describe as “municipal thuggery.”
“The Constitution forbids using eminent domain under false pretenses. The Town’s claim to be seizing the Santoro family’s land for a new government campus is a sham, when the real reason is it a last-ditch effort to stop the Santoros from building affordable housing,” said Kady Valois, an attorney with the Pacific Legal Foundation.
This case emerges against the backdrop of Rhode Island’s affordable housing crisis. Johnston currently has only 7.9% of its housing units classified as affordable, well below the state’s 10% threshold that limits municipalities from blocking such developments. The town’s actions appear designed to circumvent state law promoting affordable housing development.
More Government Obstruction of Private Solutions
This case highlights a troubling pattern where government officials block private sector solutions to housing affordability. The Santoro family’s project would have created unsubsidized affordable housing without taxpayer expense, addressing a critical need in the community. Instead, local officials are using taxpayer resources to fight against private development that would benefit working families seeking affordable housing options.
Mayor Polisena Jr. defends his actions by claiming: “My number one priority is the 30,000 residents that currently live in Johnston and providing them effective and efficient government services.” However, this justification rings hollow when considering how the town’s actions deprive those same residents of much-needed affordable housing options. The Town Council voted unanimously to pursue the land seizure despite knowing the property owners’ plans to develop affordable housing.
As this case proceeds through the federal courts, it serves as a stark reminder of government’s ability to abuse power when left unchecked. The outcome will have significant implications for property rights, affordable housing development, and the limits of municipal authority throughout the nation.
