Section 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.