Utah Court of Appeals
752 P.2d 1321 (Utah Ct. App. 1988)
The rights of access, light, and air are easements appurtenant to the land of an abutting owner on a street, and they are property rights forming part of the owner’s estate. The right of access to the highway is in the nature of a special easement, which exist as a right of ownership of abutting land, and is a substantial property right which may not be taken away or impaired without compensation.
Substantial and material impairment of a property owner’s right of access can constitute a compensable taking.
Where government action, not amounting to a physical taking, effectively deprives a property owner of reasonable access to property, the owner is entitled to compensation.
