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.