§ 94. Performance of work; division of expenses; accounting; claims\nfor damages; valuation. 1. Whenever under section eighty-nine a new\nrailroad is constructed across an existing highway, the expense of\ncrossing above or below the grade of the highway including any expense\nincurred in altering or changing the highway under a determination of\nthe commissioner of transportation shall be paid entirely by the\nrailroad corporation.\n 2. Whenever under section ninety a new street, avenue, highway or road\nor new portion or additional lane of a street, avenue, highway or road\nis constructed across an existing railroad, the railroad corporation\nshall pay one-half and the municipal corporation having jurisdiction\nover such street, avenue, highway, or road or new portion or additional\nlane of a street, avenue, highway or road shall pay the remaining\none-half. However, where such new street, avenue, highway or road or new\nportion or additional lane of a street, avenue, highway or road crosses\na navigable stream or water adjacent to or near an existing railroad,\nwhich crossing of such navigable stream or water by a bridge or tunnel\nnecessarily increases the height above or the depth below the crossing\nof such railroad or the length of the approaches to such bridge or\ntunnel, the railroad corporation shall pay such part or portion of the\nexpense of making such crossing above or below the grade of the railroad\nas may be agreed to between the railroad corporation and the municipal\ncorporation having jurisdiction over such street, avenue, highway or\nroad or new portion or additional lane of a street, avenue, highway or\nroad, and such municipal corporation shall bear and pay the remaining\npart of such expense. In case of the failure or inability of the\nrailroad corporation and the municipal corporation to agree upon the\npart or portion of such expense to be paid by the railroad corporation,\nthe railroad corporation shall pay such part or portion of the expense\nof making such crossing above or below the grade of the railroad as the\ncommissioner of transportation shall, after a hearing on at least ten\ndays' notice to the railroad corporation, fix and determine, which shall\nbe one-half of the cost as estimated of a bridge or structure and its\napproaches that would be required if such navigable stream or water did\nnot so intervene as to affect the height or depth of such bridge or\nstructure or the length of the approaches thereto to carry such street,\navenue, highway or road or new portion or additional lane of such\nstreet, avenue, highway or road across such railroad, and the municipal\ncorporation shall bear and pay the remaining part of such expense.\n 3. Whenever a change is made to an existing crossing other than a\nchange made to an existing structure in accordance with the provisions\nof section ninety-one, fifty per centum of the expense thereof shall be\nborne by the railroad corporation and twenty-five per centum by the\nmunicipal corporation and twenty-five per centum by the state; except\nthat whenever an existing crossing other than an existing structure in\nwhich a change is made under section ninety-one, is located wholly or\npartly within an incorporated village having not to exceed twelve\nhundred inhabitants, the portion of expense herein required to be borne\nby the municipal corporation shall be borne by the town or towns in\nwhich such crossing is situated. The expense of every change made in an\nexisting structure in accordance with and ordered pursuant to the\nprovisions of section ninety-one shall be borne eighty-five per centum\nby the state, and fifteen per centum by the municipal corporation.\nProvided, however, that a county may contribute funds to a city, town or\nvillage towards its fifteen per centum share of the cost of\nreconstructing a railroad bridge whether or not the road, of which the\nbridge is a part is under the jurisdiction of a city, village, town or\ncounty and regard
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