The Town of Johnston in Rhode Island attempted to use eminent domain to block a housing project opposed by local NIMBY (Not In My Backyard) residents. However, a federal district court recently invalidated this use of eminent domain. The ruling did not hinge on the traditional "public use" justification but instead found that the Town was never granted the authority by the state legislature to employ eminent domain for such purposes.

In Rhode Island, eminent domain is a power reserved to the state government, and local municipalities can only exercise it if explicitly authorized by state law. The court's decision emphasized this limitation, effectively preventing the Town of Johnston from using eminent domain as a tool to block development based on local opposition.

Robert Thomas of the Pacific Legal Foundation, the public interest law firm representing the property owners, provided a detailed summary of the ruling on the Inverse Condemnation blog. This case highlights the legal boundaries on local governments' use of eminent domain powers in Rhode Island.

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