Federal Judge Says Rhode Island Town Lacked Authority to Use Eminent Domain for NIMBY Blockade
A U.S. district court ruled that the Town of Johnston, Rhode Island, never had statutory power to employ eminent domain to stop a housing project opposed by local NIMBY residents.
A federal district court invalidated the Town of Johnston's effort to invoke eminent domain to halt a housing development that faced opposition from local NIMBY groups. The judgment rested on the principle that eminent-domain power is vested in the state, and municipalities may only act when the state legislature expressly authorizes such use. The court found no such delegation existed for the town's purpose.
Property owners, aided by the Pacific Legal Foundation, argued that the town exceeded its legal authority, and the court agreed. This ruling reverses the town's earlier strategy to employ condemnation as a barrier to the project. Observers highlight that the case clarifies the boundaries of local versus state control over land-taking powers. The decision may influence other municipalities considering similar tactics to block unwanted developments.
Why it matters
It clarifies that local governments cannot use eminent domain without explicit state authorization, limiting NIMBY-driven land seizures.
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