San Jose BART Land Brawl Headed For Jury Showdown Next Spring

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A dispute over land near the future 28th Street/Little Portugal BART station in San Jose is headed to a potential jury trial next spring. The Santa Clara Valley Transportation Authority (VTA) filed suit in 2021 to condemn the parcels, but small businesses and property owners say the agency's actions have already disrupted their operations. The main issue has shifted from whether VTA can take the land to how much it must pay in 'just compensation' under eminent domain laws.

Why it matters

This case highlights the tensions that can arise when transit agencies seek to acquire private property for development around new stations. It raises questions about the rights of small businesses and property owners, as well as the financial impacts of eminent domain on local communities.

The details

VTA filed suit in 2021 to condemn the parcels near the future 28th Street/Little Portugal BART station, and later asked a judge to order businesses off the site before a final ruling. One of the properties is occupied by Monarch Truck Center, which says it had to relocate its operations. The disputed parcels are within the zone VTA has mapped out for the station and surrounding transit-oriented development. Both sides are currently in settlement talks, but a jury trial could be scheduled as soon as April 2026 if an agreement is not reached.

• VTA filed suit to condemn the parcels in 2021.
• VTA later asked a judge to order businesses off the site before a final ruling, which happened nearly two years ago.
• The case is still active in Santa Clara County as the parties wrap up discovery and see if a settlement can be reached.
• A jury trial could be scheduled as soon as April 2026 if an agreement is not reached.

What they’re saying

What’s next

A jury could be seated as soon as April 2026 to determine the 'just compensation' owed to the property owners if the two sides cannot reach a settlement agreement.