§ 64. Commutation for bridges. The commissioner of transportation may\ncommute with owners and claimants of bridges over any canal, by paying\nsuch owner or claimant such sum in lieu of a bridge as may be agreed on\nbetween the claimant and the commissioner of transportation. If, in the\nopinion of the commissioner of transportation, a bridge should not be\nrebuilt, and the amount to be paid be not agreed upon, the bridge shall\nnot be built, but the damages sustained by such owner by being deprived\nof such bridge and which the state under all the circumstances ought of\nright to pay, shall be ascertained in the same manner as damages for the\nappropriation of real property, for the use of the canal and paid by the\ncommissioner of transportation, on the approval of the attorney-general.\nIf the damages claimed are for the deprivation of a bridge which the\nclaimant had before constructed or maintained, the circumstance of his\nbeing equitably bound to contribute proportionately toward the\nconstruction and maintenance of an enlarged bridge shall be taken into\nconsideration and a proper amount of that account shall be set off\nagainst any damage to which the claimant might otherwise be entitled.\n
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