§ 95. Proceedings by commissioner of transportation for alteration of
existing crossings. The commissioner of transportation may, in the
absence of any application therefor, when in his opinion public interest
requires an alteration in an existing grade crossing or a change in any
existing structure above or below grade, institute proceedings on his
own motion for any alteration in an existing grade crossing or structure
for which a municipal corporation may petition under section ninety-one,
upon such notice as he shall deem reasonable, of not less than ten days
however, to the railroad company, the municipal corporation and the
person or persons interested, and proceedings shall be conducted as
provided in section ninety-one. Notwithstanding any other provision of
law the commissioner of transportation shall not, within areas which
were within the jurisdiction of the transit commission on March
thirty-first, nineteen hundred forty-three, order the elevation of any
railroad running longitudinally on a right-of-way in, upon or along a
street, avenue, highway or road without the concurrent approval of the
local authorities of the city on which the railroad or such part thereof
is located. The changes in existing grade crossings or structures
authorized or required by the commissioner of transportation in any one
year shall be so distributed and apportioned over and among the
railroads and the municipalities of the state as to produce such
equality of burden upon them for their proportionate part of the
expenses as herein provided for as the nature and circumstances of the
cases before it will permit.