A Rhode Island town has sparked outrage by secretly seizing a family’s land to block affordable housing. Mayor Joseph Polisena, Jr. vowed to “use all the power of government” to stop the Santoro family’s development, leading to what legal experts call an unprecedented abuse of eminent domain.
At a glance:
- The Santoro family is suing Johnston, Rhode Island for unconstitutionally seizing their 31-acre property
- Town officials wanted to block the family’s planned 252-unit affordable housing development
- The town claimed it needed the land for municipal buildings but filed paperwork secretly
- Officials transferred the property title without notifying the owners or following legal procedures
- The lawsuit alleges violations of Fifth Amendment property rights and 14th Amendment due process
Local Government Seizes Private Property Without Notice
The Town of Johnston, Rhode Island has sparked constitutional concerns after secretly seizing a family’s 31-acre property to prevent construction of affordable housing. The Santoro family, consisting of Ralph and Suzanne Santoro, Lucille Santoro, and Salvatore Compagnone, discovered their land had been taken only after Mayor Joseph Polisena, Jr. posted about it on social media.
The family had planned to build a 252-unit affordable housing development on their property following Rhode Island’s 2023 law encouraging privately built affordable housing. Mayor Polisena openly opposed the project and declared he would “use all the power of government that I have to stop it” before orchestrating the eminent domain seizure.
Town officials filed documents transferring the property’s title and deposited $775,000 in court as compensation without informing the developers or their attorneys. The town then threatened the Santoro family with trespassing citations if they didn’t vacate their own property by a specified date, prompting immediate legal action from the developers.
Constitutional Rights Under Threat
The Pacific Legal Foundation has filed a federal lawsuit on behalf of the Santoro family, arguing the town’s actions violate both the Fifth Amendment’s Public Use Clause and the 14th Amendment’s Due Process protections. Attorney Kady Valois stated, “The Constitution forbids using eminent domain under false pretenses,” adding that the town’s claim about needing land for government buildings was “a sham.”
Robert Thomas, another attorney representing the developers, called the situation unprecedented, saying, “In 40 years, I’ve seen some pretty outrageous exercises of eminent domain powers. Never anything like this.” The lawyers argue the town effectively invented its own eminent domain process, bypassing established legal procedures to rush through the land seizure.
Johnston currently has only 7.9% of housing units classified as affordable, below the 10% threshold that would limit municipal blocking of such projects. The developers believe this motivated the town’s aggressive tactics to prevent construction of additional affordable housing units that would cross that threshold.
Developers Fight Back Against “Municipal Thuggery”
The Santoro family has requested a temporary restraining order to halt the town’s actions while the case proceeds. Their attorney, Kelley Morris Salvatore, characterized the Mayor’s motivations, saying “[The Mayor’s] primary purpose is clearly to block this project” which was “clearly a sham.”
The Town Council voted unanimously to pursue the land seizure, valuing the property at $775,000, far below what developers believe is fair market value. Mayor Polisena has defended the action, claiming “My number one priority is the 30,000 residents that currently live in Johnston and providing them effective and efficient government services.”
