By offering to refund gas tax money to anyone who builds a highway, those highways would get built. As noted, a few private highways are already being built, even in the face of highly unfair competition. Many states place additional legal hurdles in the way of private road builders. So only the double payment problem remains, and the legislature could solve it easily. As an extra bonus, these highways would then pay property tax, just like any business.
State owned highways, on the other hand, are a constant drain on the treasury as repairs are made.
Private highways add to the treasury to help fund other government activities. For companies to remain competitive, they are urged to think outside the box. It's time for the legislature to think outside the box as well regarding traffic congestion. Dwight Filley is a Senior Fellow with the Independence Institute, a think tank in Golden, Colorado. This article, from the Independence Institute staff, fellows and research network, is offered for your use at no charge.