N.Y. Highway Law § 263: Payment for construction in connection with railroad grade crossing eliminations

§ 263. Payment for construction in connection with railroad grade

crossing eliminations. In carrying out railroad grade crossing

elimination work under the provisions of the railroad law and the grade

crossing elimination act, if it becomes necessary, in the judgment of

the commissioner of transportation, to provide for highway facilities in

those instances where the department of transportation does not include

the same as a part of the order covering the construction for the

payment of which all parties to the elimination are required to

participate, the commissioner of transportation is authorized to provide

for the entire cost of such facilities out of any funds available for

construction, improvement or reconstruction of highways and to have the

same included in the department of transportation's order and to have

the work performed as directed by it. Any additional right of way

required for the facility provided for under this section shall be

acquired by the county in the same way as the county acquires necessary

lands for state highway repair, construction or reconstruction or change

of course as provided in section ten, subdivision twenty-one, of the

highway law.