By ETHAN SHOREY
JOHNSTON – Town residents will be asked on Tuesday to approve an amendment to the Johnston Home Rule Charter making it easier for the town to take properties by eminent domain.
“Shall Section 1-2 of the Johnston Town Charter be amended to identify a fund, establish a pledge of credit, and establish an enforcement mechanism for the exercise of its condemnation authority?” reads the question.
The ballot measure stems from a federal judge previously voiding the town’s eminent domain land seizure.
The genesis of the ballot question started in July when the Town Council passed resolutions to streamline the process for seizing private property.
The town had tried to take 31 acres on George Waterman Road from the Santoro family for construction of a new public safety complex, but the Santoros made the case that it was nothing more than an excuse to block their proposal for an affordable housing project on the property.
U.S. District Judge Melissa DuBose had ruled that officials failed to meet their obligation to inform the Santoros before seizing the land, that the town failed to guarantee appropriate compensation to the landowners, and that they failed meet constitutional requirements necessary for eminent domain.
Officials, including Mayor Joseph Polisena Jr., have been clear that people who support the project for 252 low-income apartments will vote against the charter change, and that those who oppose it will generally enter a yes vote.
The Santoros have contended that even an approved change to the charter will do little to impact their case that the town’s seizure is unlawful.
