If, upon the construction, reconstruction or improvement of a state highway, county road or town highway, including widening and straightening, any land boundary markers or monuments are removed, destroyed or concealed, new markers, or monuments, which may be of a different type and material, shall be placed in their place and stead by the officer in charge of such highway project, whether it be the commissioner of transportation, the county superintendent of highways or the town superintendent of highways. Such new markers or monuments shall be so marked as to identify therefrom the markers or monuments whose place and stead they take. Moneys appropriated for the maintenance of state highways, county roads and town highways shall be available for any of the work and expenses authorized by this section.
New York Legal Code