Johnston voters reject expanded eminent domain power; Santoros’ battle continues
November 06, 2026
Johnston, Rhode Island; November 6, 2026: In Johnston, Rhode Island, voters rejected a charter amendment that would have granted the Town general eminent domain authority, with 53.74% voting no. As The Local Insider reported, the proposal followed the Town’s unsuccessful attempt to take the Santoro family’s property on George Waterman Road.
“Johnston voters sent a clear message: they do not want to give the Town broader power to take private property,” said Kady Valois, an attorney with Pacific Legal Foundation. “This is an important victory for property owners. But despite the public’s rejection of these eminent domain efforts, the Town is still trying to take the Santoros’ land to prevent them from developing affordable housing on their own land. We will keep fighting to protect their property.”
The Santoro family filed a lawsuit in March 2025 after the Town of Johnston took their property to prevent them from building affordable housing. In July 2026, the federal district court in Rhode Island ruled in favor of the Santoros, concluding that the Town’s charter did not give it the authority to take the land. After the court ruling, Mayor Joseph Polisena Jr. publicly pledged that “the Town will continue its pursuit of a much-needed municipal complex on the land,” identifying two possible routes: a municipal public buildings authority or a charter amendment. Town officials then sought to amend the charter and acquire that power through a ballot measure.
Voters have now rejected the charter amendment. After the election results, Mayor Polisena said, “The voters expressed their desire to build 252 low-income apartment units.”
The Town continues to pursue the Santoros’ land through the alternative route suggested by the mayor, a municipal public buildings authority. As a result, the Santoro family’s legal challenge is ongoing.
Pacific Legal Foundation represents the Santoros at no cost. The case is SCLS Realty, LLC and Sixty Three Johnston, LLC v. Town of Johnston, RI.
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About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 21 cases litigated at the U.S. Supreme Court.