Legislation
SECTION 308
Value of highway discontinued
Highway (HAY) CHAPTER 25, ARTICLE 11
§ 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.
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.