ยง  310.  Damages  to  be  paid  before  opening  the road. The damages
  assessed by the jury shall be paid by the party for  whose  benefit  the
  road  is  laid  out,  before the road is opened or used; but if the jury
  shall certify that the necessity of such private road was occasioned  by
  the alteration or discontinuance of a public highway, such damages shall
  be paid by the town and refunded to the applicant.
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.