dissenting in part.
I agree with the majority opinion except as it relates to damages for loss of access.
The majority misconstrues the nature of available damages in an eminent domain action. Under Alaska statutes, where there is a partial taking of land, as occurred here, compensation is due both for the value of the parcel taken and for the resulting damage to the remainder:
“For the purpose of assessing compensation and damages, ... its actual value ... is the measure of compensation of the property to be actually taken, and the basis of damages to property not actually taken but injuriously affected in the cases where the damages are allowed.” (emphasis added).
AS 09.55.330.
“The jury or master . . . shall ascertain and assess the following:
(2) if the property sought to be condemned constitutes only a part of a larger parcel, the damages which will accrue to the portion not sought to be condemned by reason of its severance from the portion sought to be condemned. . . . ”
AS 09.55.310(a).1 See also 2A P. Nichols, The Law of Eminent Domain § 6.45, at 6-312 (J. Sackman rev. 3d ed. 1980) (hereafter “Nichols”); 4A Nichols §§ 14.1, 14.1[2], 14.1[3]; 1 L. Orgel, Valuation Under the Law of Eminent Domain § 48 (2d ed. 1953).
Damages to the remaining land are termed “severance damages,” and are measured by the diminution in the remainder’s market value, to the extent caused by the latter’s severance from the taken parcel. Such damages are an “inescapable sequel to the ‘taking’ ” and, therefore, are compensable. Babinec v. State, 512 P.2d 563, 567 (Alaska 1973); 4A Nichols § 14.21, at 14-53. See also Dash v. State, 491 P.2d 1069, 1072 n.6 (Alaska 1971). One element of severance damages is compensation for the impairment of access rights.2 Department of *972Public Works & Buildings v. Wilson & Co., 62 Ill.2d 131, 340 N.E.2d 12, 19 (1976); State ex rel. Department of Highways v. Linnecke, 86 Nev. 257, 468 P.2d 8, 9 (1970); 2A Nichols § 6.4442, at 6-244; 4A Nichols § 14.243, at 14-182 to 184, at 14-190 to 191. Because Alaska law guarantees severance damages, and a jury trial on “the question of the amount of damages and the value of the property,” AS 09.55.320; and in light of this court’s strong preference for jury trials in eminent domain actions, see Inglima v. Alaska State Housing Authority, 462 P.2d 1002, 1006 (Alaska 1970), I would hold that whenever there is a physical taking of land, all elements of severance damages are to be considered by the jury, assuming there is evidence supporting such damage. The majority rejects this principle by holding that loss of access damages are not recoverable unless the remaining access is unreasonable as a matter of law.
The majority approach is inconsistent with Alsop v. State, 586 P.2d 1236 (Alaska 1976). Alsop supports the proposition that an abutting owner whose property is partially taken can claim impairment of access damages even though the remaining access is not unreasonably circuitous. In Alsop, we held that an abutting owner who had part of his property taken, and then settled with the state believing certain highway plans would be put into effect, could reopen his damage case when those plans were modified so as to impair access. No mention was made that such a right was limited to cases where the remaining access was unreasonably circuitous; only a decrease in value was required. Id. at 1240. There would, of course, be no reason to allow a reopening of the case unless the landowner initially had a right to damages for limitation of access. The majority opinion departs from Alsop by adding the requirement that the remaining access be unreasonable before loss of access damages are evaluated by a jury.
The question of when compensation is due for loss of access is, as one court noted, “one as to which very little unanimity can be found in the substantial number of decisions” from other jurisdictions. Department of Public Works & Buildings v. Wilson & Co., 62 Ill.2d 131, 340 N.E.2d 12, 14 (1976). In my view, however, order can be imposed on loss of access cases by classifying them into two broad categories: (1) cases in which there is no taking of land, but road changes diminish previous access; and (2) cases in which there is a partial taking of land and a corollary loss of previously direct access.3 This distinction is critical.4 In the latter cases, compensation for loss of direct access is allowed,5 as measured by the jury. *973In the former, compensation depends on the severity of the restriction on the prior access,6 and while this is a mixed question of law and fact, it is initially resolved by the court.
Thus, which of the two categories a case falls within determines the role of the court and the jury. Where there is no taking of land, and one claims compensation for loss of access, the initial question is whether a compensable claim is presented. See Wernberg v. State, 516 P.2d 1191, 1201 (Alaska 1973); Ray v. State Highway Commission, 196 Kan. 13, 410 P.2d 278, 280, cert. denied, 385 U.S. 820, 87 S.Ct. 43, 17 L.Ed.2d 57 (1966); Filler v. City of Minot, 281 N.W.2d 237, 242 (N.D.1979); Stefan Auto Body v. State Highway Commission, 21 Wis.2d 363, 124 N.W.2d 319, 321-22 (1963). Where there is an actual partial taking of land, however, a claim for damages is clearly presented, and if access was in fact destroyed or diminished the jury should determine the compensation due.
Our decision in B & G Meats, Inc. v. State, 601 P.2d 252 (Alaska 1979), falls within the former category. The question in that case was whether changing the traffic pattern on a frontage road, with a resulting diminishment in access to the nearby Seward Highway, constituted a taking or damaging of the plaintiff’s property rights. We recognized that B & G Meats had a right of access to the Seward Highway, even though it did not abut that road. We held, however, that its right of access had not been taken or damaged by the directional change because reasonable access remained. Thus we ruled, as a matter of law, that no compensable claim was presented, i. e., that there was no taking which required compensation. Significantly, B & G Meats did not involve any actual taking of land, if did not involve an abutter,7 and it did not involve any diminishment of previously direct access. See B & G Meats, 601 P.2d at 255 n.5. We relied on these same distinctions in Alsop v. State, 586 P.2d 1236, 1241 (Alaska 1978).
The case at bar, however, falls within the other category: there was a partial taking of land and that taking eliminated the abutter’s previously direct access to the Steese Highway. In my view the elimination of Triangle’s direct access resulting from taking land is, as a matter of law, an impairment of the abutter’s right of access. It is then for the jury to resolve the extent of compensation due for that loss when assessing severance damages.
*974The majority opinion is also inconsistent with our previous decisions stating that no risk of non-persuasion is to be placed on a condemnee in eminent domain cases when the issue is “just compensation.” See State v. Hammer, 550 P.2d 820, 826-27, 827 n.26 (Alaska 1976); State v. Ness, 516 P.2d 1212, 1214 n.11 (Alaska 1973); State v. 45,621 Square Feet of Land, 475 P.2d 553, 555 (Alaska 1970). The “risk of non-persuasion” falls on that party having the ultimate burden of convincing the court of the existence of an essential element of a claim. See C. McCormick, Law of Evidence § 336, at 784 (2d ed. 1972); G. Lilly, Law of Evidence § 15, at 47 (1978); IX J. Wigmore, Evidence § 2485 (3d ed. 1940). Under the majority’s approach, if Triangle fails to convince the court that the remaining access is unreasonable, its loss of access damage is directed out of the case. Triangle thus bears a risk of non-persuasion on that issue.
In the past, we have approved of applying such a risk, or alternatively such a burden, in eminent domain actions only when special damages were sought. Special damages are losses or injuries of a relatively unusual kind. C. McCormick, Law of Damages § 8, at 34 (1935). Loss of profits due to the condemnation of realty underlying a business is an example. Because such losses do not necessarily or even usually flow from the condemnation of land, we have approved placing a risk of non-persuasion on the condemnee as to that claim. Thus the landowner in such a case is required to detail lost profits with reasonable certainty and to establish causation (j. e., because the losses do not necessarily result from the taking). Hammer, 550 P.2d at 827.
General damages are those which necessarily or usually flow the conduct at issue. C. McCormick, supra, § 8, at 33. Damage to physical property is an example of general damage. Hammer, 550 P.2d at 827 n.27. Severance damages, explicitly available by statute, are damage to physical property and in partial-taking cases necessarily flow from the condemnation.8 Because loss of access is an element of severance damages, in partial-taking cases it is a general damage. Thus, under Hammer, 550 P.2d at 827 n.26; Ness, 516 P.2d at 1214 n.11; 45,621 Square Feet of Land, 475 P.2d at 555; there can be no risk of non-persuasion placed on the landowner, because the only issue is just compensation, i. e., the loss of market value due to the severance. Thus, the risk of non-persuasion, appropriately placed on landowners seeking lost profits or other special damages,9 is inapplicable here and Triangle should have been allowed to put in evidence of the decrease in the remainder’s market value due to the loss of access.
I would hold that the trial court erred in removing the question of loss of access damages from the jury.
. The provision further allows for the value of any benefits accruing to the remainder to be offset against the damage inflicted. AS 09.55.-310(a)(3).
. Severance damages derive from the relationship of the part taken to the entire tract as the latter existed before the severance. 4A Nichols § 14.1 [3], at 14-33. Damage to the remainder is measured by the depreciation in market value of the remainder which results from the taking. State ex rel. Dept. of Highways v. Linnecke, 86 Nev. 257, 468 P.2d 8, 10 (1970); 4A Nichols § 14.21, at 14-53. All elements of value inherent in the property which would influence a prudent purchaser merit consideration in determining market value. Linnecke, 468 P.2d at 11; 4A Nichols § 12.1, at 12-6 to 12-7. The direct access to the old Steese Highway that Triangle enjoyed prior to the taking was an element affecting the land’s value. It had utilized that access since 1962. The partial taking of land destroyed that pre-existing direct access, and necessarily affected the remainder’s market value. Linnecke, 468 P.2d at 11. Thus loss of access by an abutting landowner or lessee is, in the case of a partial taking, an element of recoverable severance damages.
. A subgroup of this category would, include cases in which there is a partial taking of land, but no direct access previously existed, e. g., People ex rel. Dept. of Public Works v. Home Trust Invest. Co., 87 Cal.Rptr. 722, 724-25 (Cal.App.1970); or where direct access to the original road remains, although a newer highway is constructed nearby, e. g., People ex rel. Dept. of Public Works v. Becker, 262 Cal.App.2d 634, 69 Cal.Rptr. 110, 115 (1968). In such cases compensation for loss of access has been denied as a matter of law.
. As Nichols states:
“There is a distinction .. . between the assessment of compensation in the case of a taking and in the case of a damage when no land is taken. In the former case the mere fact that there has been a taking entitles the owner to recover for all damages to his remaining land, whether special or shared by the public generally, provided they flow from the taking, since he is constitutionally entitled to be made whole for all injuries resulting from the taking of his land .. .. ” (footnote omitted).
2A Nichols § 6.45, at 6-312.
The Colorado decision of State, Dept. of Highways v. Davis, 626 P.2d 661 (Colo.1981), is to the contrary. There the court held that “whether or not property is actually taken is immaterial” and that “[c]ompensation is only required when the remainder is damaged by a substantial limitation or loss of access.” Id. at 665. The court further concluded that there was no substantial impairment where prior to condemnation the condemnee had two direct points of access onto the state highway, and afterwards had two points of direct access to the frontage road, but was required to travel 300 feet to enter the state highway.
.In each of the following cases there was a partial taking of land which diminished the abutter’s previous access and the jury was allowed to award compensation for loss of access as an element of severance damages. United States v. 97.19 Acres of Land, 582 F.2d 878, *973881-82 (4th Cir. 1978); Arkansas State Highway Comm’n v. Lusby, 251 Ark. 940, 475 S.W.2d 707, 708, (1972); People ex rel. Dept. of Public Works v. Murray, 172 Cal.App.2d 219, 342 P.2d 485, 490 (1959); Dept. of Public Works & Bldgs, v. Wilson & Co., 62 Ill.2d 131, 340 N.E.2d 12, 14, 19 (1976); State v. Gradison, 381 N.E.2d 1259, 1261 (Ind.App.1978); Balog v. State, 177 Neb. 826, 131 N.W.2d 402, 405, 407-09 (1964) (if access substantially impaired); State ex rel. Dept. of Highways v. Linnecke, 86 Nev. 257, 468 P.2d 8, 9, 11 (1970); State ex rel. Dept. of Highways v. Bowles, 472 P.2d 896, 901 (Okl.1970); State Highway Dept. v. Allison, 246 S.C. 389, 143 S.E.2d 800, 802 (1965).
.In each of the following cases there was no actual taking of land and compensation for loss of access depended on the severity of the loss. Thus recovery was allowed in: State ex rel. Herman v. Jacobs, 7 Ariz.App. 396, 440 P.2d 32, 35 (1968) (barrier erected which destroyed previous direct access); Filler v. City of Minot, 281 N.W.2d 237, 242 (N.D.1979) (damages recoverable if changes affecting previous access not reasonably anticipated during settlement of prior condemnation action); Hurley v. State, 82 S.D. 156, 143 N.W.2d 722, 726 (1966) (barrier erected which destroyed previous direct access); McMoran v. State, 55 Wash.2d 37, 345 P.2d 598, 600 (1959) (curb erected which destroyed previous direct access).
On the other hand, recovery was not allowed where there was no land taken and the remaining access was found to be reasonable or not materially impaired: James v. State, 88 Idaho 172, 397 P.2d 766, 768 (1968); Ray v. State Highway Comm’n, 196 Kan. 13, 410 P.2d 278, 283, cert. denied, 385 U.S. 820, 87 S.Ct. 43, 17 L.Ed.2d 57 (1966); Haymore v. State Highway Comm’n, 14 N.C.App. 691, 189 S.E.2d 611, 614-15 (1972); Stefan Auto Body v. State Highway Comm’n, 21 Wis.2d 363, 124 N.W.2d 319, 325 (1963).
.In B & G Meats, the landowner was claiming damages for its loss of access to the Seward Highway which resulted from a directional change in the frontage road. Although we treated the landowner as abutting the frontage road, 601 P.2d at 254 n.3, it did not, as does Triangle, abut the highway to which its access had been impaired.
. Triangle’s loss of access necessarily resulted from the condemnation in that the state took the strip of land which provided the previously direct access, and, further, explicitly took all access rights. Its complaint stated, in part:
“PLAINTIFF hereby condemns and takes from the DEFENDANTS any and all rights or easements appurtenant to the DEFENDANTS remaining property by reason of its abutting said highway, including without limiting the foregoing, all rights of ingress to or egress from the DEFENDANTS remaining property contiguous to the lands hereby conveyed to or from said highway.”
. Because B & G Meats did not involve any physical taking, loss of access damages there were not an element of severance damages and therefore not general damages necessarily resulting from the complained of action. In that case, a claim of damage due merely to a directional change of traffic flow was relatively unusual and did not result from damage to physical property, just as with other special damages. Thus where there is no taking it is appropriate to place a risk of non-persuasion on the landowner.