55. Original grade doctrine

    1. "This rule, never before applied in Nevada, shelters states from liability for damage to property caused by the establishment of the original grade of an abutting road, but only if the state acts reasonably."  Schwartz v. State, Dep't of Transp., 111 Nev. 999, 1001, 900 P.2d 939 (1995) (#81)
    2. The incremental cost of developing access to a frontage road that is thirteen feet above the existing highway is compensable once substantial impairment of access is established as a matter of law, even if the state acted reasonably in the construction of the road and even where the landowners had not yet developed access to the existing highway when the right of access was denied. Id.
    3. "We do not intend by our holding to effectuate a wholesale repudiation of the original grade doctrine. We hold only that state improvements causing physical damage to property or the substantial impairment of some property right directly connected to the use or ownership of the property give rise to compensation as discussed in this opinion. Beyond the existence of such damage or substantial impairment, we do not reach the merits of the original grade doctrine." Id. at 1003, n. 5.