Section 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.