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.
New York Legal Code