HOME > Condemnation > What are the access rights to my property?

The Agency is generally required to conduct surveys, studies, tests and examinations to determine which parcels of land are needed and which are suitable to complete the project in a manner that will accomplish the “greatest public good and the least private injury.” To do that the Agency will often need access to your property even in the early stages of project consideration. Before doing so, the Agency’s surveyors and consultants must give reasonable notice and can only come on the property at reasonable times. If you refuse access, the Agency may apply for and will usually be entitled to a court order permitting the access. The Agency will, however, be required to pay for any damages it causes to the property while conducting surveys, tests, and examinations, or will be required to restore the property to its former condition.   (See Utah Code § 78B-6-506.)

Because of safety and other considerations, government agencies have wide latitude in controlling access points from roads and highways. Nevertheless, the right of access to property is a protected private property right, and under certain circumstances, when that right is deprived by governmental agencies, the property owner must be compensated.

The Utah Courts have established three general principles regarding access rights:   (Three D Corp. v. Salt Lake City, 752 P.2d 1321 (UT App 1988))

1. Where governmental action, not amounting to a physical taking, effectively deprives a property owner of reasonable access to property, the owner is entitled to compensation;
2. Where governmental action, not amounting to a physical taking, merely interferes with an owner's access to property, the owner is not entitled to compensation so long as the owner still has reasonable access;
3. Where governmental action, not amounting to a physical taking, substantially impairs a right appurtenant to an owner's property, or otherwise causes peculiar injury, and thereby results in substantial devaluation, the owner is entitled to compensation

Therefore, a complete deprivation of access rights, or a substantial interference with access rights that causes substantial devaluation of the property value, typically entitles the property owner to compensation. Link to Just Compensation. However, interference with an access right that leaves the property with reasonable access does not entitle the owner to compensation. Note that reasonable access is not necessarily the same as convenient access, prominent access, or economically advantageous access.

The analysis of a taking must be case-by-case. The agency involved, whether a local municipality, a county, or agency, cannot simply point to the rulebook and say that an access point must be denied. Some reasonable access must be provided without regard to the public safety issues. If no access is allowed, then compensation must be paid. If the public interest is so high that all reasonable access to property must be denied, then the public should purchase the property or pay the relevant damages.

Excessive regulation of access involves questions of private property rights. The OPRO can assist you in resolving a dispute related to access. Mediation or arbitration are means to resolve such disputes in a manner that is fast, fair, and a lot more friendly than legal action. (See How can the Ombudsman Office Help Me.)

These guidelines are provided by the Office of the Property Rights Ombudsman in an effort to provide better understanding of constitutional private property protections and the land use regulation process. They are not meant to constitute legal advice. They simplify and broadly generalize complex issues of law. Questions should always be directed to your attorney for specific advice. Suggestions and comments are always welcome.