• The city council of Johnston, Rhode Island, voted to use eminent domain to seize 31 acres of land. Housing developer Waterman Chenango had bought the land to build affordable housing.
• The city council’s move will likely stop the construction of 252 affordable housing units encouraged by a pro-density law Rhode Island passed in 2023.
• The mayor of Johnston opposes the project. He said the land would be better used to replace Johnston’s aging town hall and firehouse.

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When it comes to whether to have a privately-owned affordable housing complex or a new town hall, one Rhode Island mayor is using eminent domain to say the city government comes first.

The town of Johnston, Rhode Island, is set to block more than 250 affordable housing units from being built, rewarding a developer under a new “density bonus” law passed in 2023.

What is the town planning to do?

Citing traffic, crowding and plumbing concerns, Mayor Joseph Polisena Jr. wrote a letter to housing developer Waterman Chenango. It said the town will use “all the power of government” to stop the project.

Instead, the city council voted unanimously last week to begin an eminent domain process. It will turn the currently vacant land into a new municipal complex, including a new town hall and firehouse.

Why did Johnston take the land?

Reporter Leanna Faulk from local TV station WJAR said only one person spoke during the public comment period during the council meeting. However, dozens of supporters of the housing project could not enter the council meeting due to concerns about “overcrowding.”

The Supreme Court has generally sided with state and local governments on eminent domain cases. That means as long as the town sets a fair price, it will likely be able to block the housing complex and get taxpayers to cover the new municipal complex.