Jury Sides with VTA in Meyers Nave Eminent Domain Trial

Meyers Nave’s Eminent Domain Team recently acted as lead trial counsel for Santa Clara VTA in an eminent domain action to acquire a 9.37-acre industrial site for the six-mile, four station BART Silicon Valley Phase II (BSVII) Extension Project, including the 28th Street/Little Portugal BART Station. A truck dealership business had operated its business on a portion of the site. The dealership relocated its business to a nearby site. The dealership made a claim for loss of business goodwill under California Code of Civil Procedure Section 1263.510, arguing that it suffered a loss of $21,170,000 in business goodwill due to the Project. The dealership (based on testimony from its business goodwill appraiser) argued to the jury that VTA was responsible to pay the entire $21,170,000 to the dealership. VTA’s business goodwill appraiser, on the other hand, testified that the dealership had no business goodwill to lose at the property. VTA’s business goodwill appraiser relied (in part) on the opinions of VTA’s real estate appraisers regarding the property’s “highest and best use,” which was inconsistent with the truck dealership’s long-term future use of the property.

On May 15, 2026, after a 10-day jury trial, the jury agreed with VTA and awarded the truck dealership $0 in business goodwill. On Friday, September 11, 2026, the trial judge denied the dealership’s motion for new trial and upheld the jury verdict.

Meyers Nave’s Eminent Domain Trial Team was honored to partner with VTA’s General Counsel’s Office at trial.