ยง 308. Value of highway discontinued. If the necessity of such private
road has been occasioned by the alteration or discontinuance of a public
highway running through the lands belonging to a person through whose
lands the private road is proposed to be opened, the jury shall take
into consideration the value of the highway so discontinued, and the
benefit resulting to the person by reason of such discontinuance, and
shall deduct the same from the damages assessed for the opening and
laying out of such private road.
Structure New York Laws
Article 11 - Miscellaneous Provisions
301 - Jury to Determine Necessity and Assess Damages.
302 - Copy Application and Notice Delivered to Applicant.
303 - Copy and Notice to Be Served.
304 - List of Jurors, and Drawing Jurors.
305 - Delivery, Execution and Return of Venire.
306 - Jury to Determine and Assess Damages; Fees of Justice of Peace and Constable.
308 - Value of Highway Discontinued.
309 - Papers to Be Recorded in the Town Clerk's Office.
310 - Damages to Be Paid Before Opening the Road.
312 - Motion to Confirm, Vacate or Modify.
314 - For What Purpose Private Road May Be Used.
315-A - Improvement Corporations; Right of Acquisition.
316 - Entitled to Free Use of Highways.
317 - Drug Free School Zone Signs.
319 - Obstructions and Their Removal.
322 - Trees, Removal From Highway Bounds.
323 - Injuring Fruit or Shade Trees.
324 - Penalty for Falling Trees.
325 - Fallen Trees to Be Removed.
326 - Penalties, How Recovered.
327 - Lighting Roads, Highways and Bridges.
328 - Lighting of Public Highways or Bridges.
330 - Ramps in Street Curbing.