§ 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.