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Federal Court Slaps Down Rhode Island Town's Surprise Seizure of Family's Land
['Christian Britschgi', 'Charles Oliver', 'Matthew Petti', "Meagan O'Rourke", 'Elizabeth Nolan Brown']
Reason.com
A federal court has slapped down an attempt by the town of Johnston, Rhode Island, to use eminent domain to seize a vacant lot slated for affordable housing development.
The property in question is a 31-acre site owned by several members of the Santoro family, through their company SCLS Realty, LLC.
The Santoro family had invoked a recently passed state law that allowed developers to build larger projects than what local zoning codes allow, provided they include below-market-rate affordable units.
In March, the town passed a resolution creating its own bespoke process for taking the land via eminent domain.
"Because eminent domain is an inherent attribute of sovereignty, a municipality may exercise that power only to the extent the General Assembly has delegated it by statute."