N.Y. Canal Law § 64: Commutation for bridges

§ 64. Commutation for bridges. The commissioner of transportation may

commute with owners and claimants of bridges over any canal, by paying

such owner or claimant such sum in lieu of a bridge as may be agreed on

between the claimant and the commissioner of transportation. If, in the

opinion of the commissioner of transportation, a bridge should not be

rebuilt, and the amount to be paid be not agreed upon, the bridge shall

not be built, but the damages sustained by such owner by being deprived

of such bridge and which the state under all the circumstances ought of

right to pay, shall be ascertained in the same manner as damages for the

appropriation of real property, for the use of the canal and paid by the

commissioner of transportation, on the approval of the attorney-general.

If the damages claimed are for the deprivation of a bridge which the

claimant had before constructed or maintained, the circumstance of his

being equitably bound to contribute proportionately toward the

construction and maintenance of an enlarged bridge shall be taken into

consideration and a proper amount of that account shall be set off

against any damage to which the claimant might otherwise be entitled.