§ 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.