N.Y. Highway Law § 308: Value of highway discontinued

§ 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.