New York Consolidated Laws, Highway Law - HAY § 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.