This constituted a substantial deprivation of access, and the owner was entitled to have a jury decide how much money she should get. In two trials, separate juries awarded the owner almost no money. The case is on appeal for the second time. No compensation will be awarded for shifting traffic away from an owner's business, for making a street one-way, or for eliminating curbside parking. Property owners are not entitled to a particular flow of traffic past their land.
Government agencies can buy private property for public use by using the power of eminent domain.
In a remarkable decision, the Nevada Supreme court held a homeowner's association had the same power. Under Nevada law, it is not necessary that the legislature specifically delegate the power to condemn property. On appeal, the court conceded the taking was for a public use, and no statute precluded the taking. A bill has passed in the legislature to overrule this Supreme Court decision. See Assembly Bill No. 361.