The town’s recent use of eminent domain to acquire land slated for a 252-unit affordable housing complex has sparked debate among residents, developers, and state officials.

Representative Deborah A. Fellela (D-Dist. 43, Johnston), voiced her support for the town’s decision, emphasizing the strain such a large-scale development could place on local infrastructure and resources.

“Yes, I do feel it was justified, but realizing the state does need affordable housing, low-income housing, and elderly housing as well,” Fellela stated in an email.

She pointed to concerns about the neighborhood impact, believing Mayor Joseph Polisena Jr. decision that Johnston’s police, fire, and school services are already stretched thin. “Adding a large housing development could exacerbate these issues,” she said.

Fellela also defended the town’s use of eminent domain, stating that she believes it aligns with the law’s intent.

“Having a safety complex will free up many of those old buildings that probably need quite a bit of maintenance,” she explained. She suggested that repurposing or selling these buildings could ultimately benefit the town.

At the statehouse, Rep. Enrique George Sanchez (D-Dist. 9, Providence), recently introduced legislation aimed at increasing transparency in such proceedings, particularly when they impact affordable housing and community-benefit projects. The bill would require municipalities to justify their use of eminent domain by presenting plans outlining the project's purpose, benefits, and any structural or environmental issues. Such plans could not be approved until after a public hearing, a 30-day public comment period, and property owners given prior notice and the chance to negotiate a fair price.

“Eminent domain is supposed to be a tool of last resort for projects that support the public good, not a blank check that allows politicians to make short-sighted decisions,” said Sanchez in a press release. “This bill will make eminent domain proceedings more public and transparent, allowing those affected in the community to have their voices heard.”

Currently, such transparency measures apply only to eminent domain cases used for economic development. Sanchez’s bill would extend them to all instances of eminent domain in Rhode Island.

This legislation comes in response to the move to seize land that drew a lawsuit from a developer planning the housing complex. With only 7.9 percent of Johnston’s housing classified as affordable, Sanchez stressed the need for municipalities to work collaboratively to address the housing crisis.

While some lawmakers have called for greater transparency in eminent domain cases, Fellela does not support Sanchez’s proposed legislation.

“I think mayors and administrators know their city or towns,” she said. “They know their constituency, neighborhoods, and we need to let them have the tools they need to further develop or to make decisions that are best for their area.”

Acknowledging that only 7.9 percent of Johnston’s residential units qualify as affordable housing, Fellela expressed support for increasing such units but emphasized the importance of proper planning.

“I get calls weekly for folks trying to obtain housing. Many of the elderly complexes are a 2-to-5-year wait,” she noted, adding she felt the proposed Johnston project was too large for its location. “I think if they had maybe come in with something smaller, possibly it could have moved forward,” she said.

Instead, she suggested looking at underutilized properties with existing access to transportation and services to minimize disruptions to neighborhoods. She also proposed that developers contribute to infrastructure improvements, such as road upgrades or investments in schools, to offset the burden on local resources.

Fellela believes municipalities should continue to have authority over their own development decisions, pointing to recent state legislation aimed at streamlining permits for housing projects.

“Ultimately, the decision lies with the city or town, which I believe is the right way to proceed,” she said. She also stressed the importance of community involvement in the process. “Affordable housing should not just be about building more units but ensuring those units foster healthy, thriving neighborhoods. Residents often feel more comfortable when their concerns are heard.”

Calls and emails to the town’s other state house representatives were not answered by the Sun Rise deadline. As the town’s eminent domain case faces legal challenges from the developers, Rep. Sanchez believes the debate over affordable housing and local governance is likely to continue.

“Eminent domain is supposed to be a tool of last resort for projects that support the public good, not a blank check that allows politicians to make short-sighted decisions,” said Sanchez. “This bill will make eminent domain proceedings more public and transparent, allowing those affected in the community to have their voices heard.”