Rhode Island town secretly seized a family’s 31-acre property to block affordable housing, threatening them with trespassing citations on their own land if they don’t vacate immediately.
Key Takeaways
- The Santoro family is suing Johnston, Rhode Island, for allegedly abusing eminent domain to block their 252-unit affordable housing development.
- Mayor Joseph Polisena, Jr. publicly vowed to “use all the power of government that I have to stop it,” before seizing the property without proper notice or legal process.
- The town deposited $775,000 for the 31-acre property (valued far higher) and transferred the title without notifying the developers or their lawyers.
- The federal lawsuit claims 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% of housing units considered affordable, below Rhode Island’s 10% threshold that limits municipal blocking of such projects.
A Shocking Land Seizure
In an unprecedented case of government overreach, the Town of Johnston, Rhode Island, secretly seized a family’s 31-acre property in what legal experts are calling a blatant abuse of eminent domain power. The Santoro family, consisting of Ralph and Suzanne Santoro, Lucille Santoro, and Salvatore Compagnone, had planned to build a 252-unit affordable housing development on their land, only to discover through a social media post that the town had transferred the property title without their knowledge or consent.
The family’s plans followed Rhode Island’s 2023 law encouraging privately built affordable housing to address the state’s housing crisis. However, Johnston Mayor Joseph Polisena, Jr. openly opposed the project from the start, publicly declaring he would “use all the power of government that I have to stop it.” The town is claiming it needs the land for a new municipal campus and public safety complex, but the timing and manner of the seizure have raised serious constitutional concerns.
Constitutional Violations and Municipal Thuggery
The Pacific Legal Foundation, representing the Santoro family, has filed a federal lawsuit challenging the town’s actions as unconstitutional. Their complaint alleges the town violated both the Fifth Amendment’s Public Use Clause and the Fourteenth Amendment’s Due Process protections. Attorney Kady Valois didn’t mince words about the town’s motivations, stating: “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.”
“In 40 years, I’ve seen some pretty outrageous exercises of eminent domain powers. Never anything like this,” said Robert Thomas, an eminent domain attorney representing the developers. “They literally [made] up this process.”
The town’s actions were shockingly brazen. Officials filed documents transferring the property’s title without notifying the developers or their lawyers, deposited $775,000 for the land in court without their knowledge, and even held a court hearing without their presence. Adding insult to injury, the town threatened the family with trespassing citations if they didn’t vacate their own property immediately.
Affordable Housing vs. Government Opposition
The case highlights a troubling pattern of local government resistance to affordable housing developments. Johnston currently has only 7.9% of housing units considered affordable, well below Rhode Island’s 10% threshold that would limit the municipality’s ability to block such projects. The developers’ proposal would have provided unsubsidized affordable housing at a time when Rhode Island faces a severe housing shortage.
“[The mayor’s] primary purpose is clearly to block this project,” said Kelley Morris Salvatore, another attorney representing the developers. “It’s clearly a sham.” While Mayor Polisena claims his “number one priority is the 30,000 residents that currently live in Johnston and providing them effective and efficient government services,” the timing and manner of the land seizure suggest his true motivation is preventing affordable housing from being built in his town.
Legal Battle Intensifies
The developers have requested a temporary restraining order to halt the town’s actions while the case proceeds. The federal lawsuit, titled SCLS Realty, LLC and Sixty Three Johnston, LLC v. Town of Johnston, RI, seeks to protect not only the Santoro family’s property rights but also to establish an important precedent against government abuse of eminent domain powers.
The town values the property at just $775,000, though the developers clearly value it much higher given their substantial investment plans. The Town Council voted unanimously to pursue the land seizure, indicating coordinated opposition to the affordable housing project. Meanwhile, the town plans to file an official condemnation action in Providence County Superior Court, setting up a multi-front legal battle.
This case represents a critical test of constitutional protections for property owners and could have significant implications for affordable housing development nationwide. If local governments can simply seize land to prevent housing development they oppose, it would undermine both private property rights and efforts to address America’s housing crisis through market-based solutions.
