• 2008 - [Lack] [Impairment] of Access After Taking
  • C-75.14
    • Adjoining Landowners
    • Eminent Domain
    • Eminent Domain
  • An abutting owner has the right of reasonable ingress or egress to the highway upon which the property abutted before the taking. If access to the highway available to the owner after the taking and after the construction of a [limited access] highway is [lacking] [or] [is not reasonably adequate], that [lack of access] [or] [impairment of access] is an element of severance damages to be awarded. Annoyances and inconveniences, if any, other than those caused by reasonable restriction upon future access to the public highways, which are 1) of such a nature as to impair the fair market value of the remaining portion of the property, 2) caused by the character or operation of the improvement, and 3) different in nature from those suffered by the general public, are proper elements of severance damages to be awarded.
    • Boehm v. Backes, 493 NW2d 671, 674 (ND 1992)
    • Caddy v. North Dakota Dept of Transp., 472 NW2d 467, 469 (ND 1991)
    • Chandler v. Hjelle, 126 NW2d 141 (ND 1964)
  • Notes: