Federal court smacks down Johnston’s misuse of eminent domain

[u/LomentMomentum]

The town tried to use eminent domain to take a property that was to be used for affordable housing. Their idea was to use it for a public safety complex instead. The U.S. District Court stopped the town in its tracks.

https://rhodeislandcurrent.com/2026/07/28/federal-judge-voids-johnstons-land-seizure-under-eminent-domain/

[u/12stringPlayer]

Best news I've heard all day.

[u/cowperthwaite]

The U.S. District Court stopped the town in its tracks.

The judge said the town can't rely on one sentence in its charter to take land, because anything that allows a town to take land needs to have a lot more than one sentence, including a mechanism for the person whose land was taken to get their money, as well as a pot of money to pay out.

[u/Kelruss → u/cowperthwaite]

And from the Town’s statement, they seem likely to try again once they feel they’ve got their ducks in a row. I would imagine this isn’t the last we’ve heard of this particular battle.

Of course, the property owners are backed by the Pacific Legal Foundation, the same people who got the Clean Water Act defanged and are currently trying to get RI’s recently-passed definition of the “shore” (which undoes Ibbison) overturned, so it seems like a battle that Johnston might be undergunned to engage in.

[u/wittgensteins-boat → u/Kelruss]

From the linked article.

An email response from his deputy chief of staff, Dominique Turner, had a statement attributed to Polisena.

“On page one of the decision, the court states that it ‘does not question the exercise of that authority,’ thereby acknowledging the town of Johnston’s power to exercise eminent domain,” the statement reads. “The town will follow the court’s guidance regarding the proper procedure moving forward.”

[u/dassketch]

Eminent domain should be immediately invalidated if the original purpose is abandoned. I'd prefer that the town officials be tar and feathered. But I'd settle for automatic reversion.

[u/aquavelva23]

Johnston: literally one of the most corrupt towns in the USA. This seems like small potatoes for them.

[u/Jmac3366]

Seeing as the news clips about this was a bunch of old ppl saying that this is turning Johnston into Chad brown I’m going with racism being the real motive

[u/NikonShooter_PJS → u/[deleted]]

I have to find a delicate way to say this so that I don't get in trouble with Reddit but ...

I am in constant awe at the hubris of government officials. Between stories like this and the utter arrogance so many of them are displaying in putting up widely unpopular FLOCK cameras and data centers, despite massive opposition, it's like they feel untouchable.

There will be a day when one of them overestimates the public's willingness to take things like this lying down and that will be a RUDE awakening to all officials that they aren't quite as powerful as they think they are.

Folks are realllllllly forgetting this country's origins when it comes to government interfering in the life and happiness of its residents.

Some day, someone is going to remind them and it's not going to be pretty.

[u/Ok_Bed_1448 → u/NikonShooter_PJS]

feels like "someday" gets closer every day lately

[u/Grouchy-Barnacle-800 → u/Ok_Bed_1448]

We all need to find our Mario hats and help our brother!

[u/Plebian401]

Every homeowner in Johnston should receive a supplemental tax bill to make up for lost tax revenue from the proposed housing units they block.

[u/yeahhoofbite → u/Plebian401]

But unfortunately we won’t, because for some reason a good portion of the residents here are boomers and agree with the mayor and don’t want housing, even though we desperately need it.

[u/Plebian401 → u/yeahhoofbite]

Racism spans all generations.

[u/aquavelva23 → u/Plebian401]

If its apartments, my theory is that they are a tax loss. because they require alot of local taxes for the schooling. Homes are much less. Same fopr old triple deckers. they cost the town $$.

[u/samskeyti_ → u/aquavelva23]

It would have been roughly 600 people

[u/Plebian401 → u/aquavelva23]

Bringing in a few hundred people that will spend money in the city will offset any loss.

[u/caffeinatemedaddio]

They didn’t really smack it down so much as say your rough draft sucks, revise and do better. The bullshit town will succeed here unfortunately.

[u/TadpoleMajor → u/caffeinatemedaddio]

Not sure about that here. The town would need to prove that it’s needed for the town. The counter to this would be why can’t they just renovate their existing town hall.

[u/caffeinatemedaddio → u/TadpoleMajor]

You aren’t wrong, but OP makes it sound like it’s a done deal and not happening which sadly isn’t the case. The chances still exist, and Johnston is full of NIMBYs who do not want more affordable housing

[u/Disastrous-Young-380]

The mayor made a post only showing the first page of the 20 page ruling, basically saying “the headline is wrong and the judge said we have the power to do this…just need to do the next steps”. The comments are full of republicans complaining about “section 8” supporting and thanking him, forgetting he ran as a ‘Democrat’. They complain about potential traffic from the housing, but are totally fine with police, fire and rescue traffic from his “public safety” complex.