482:78 Replacement of Highways. –
If it becomes necessary to change the elevation of or to relocate a highway in the primary or secondary state highway system because of the construction of a dam or the impounding of water by a dam under a small-watershed project, the cost of the change of elevation or the relocation of the highway to be paid by the sponsoring agency is the cost that would be in excess of the estimated normal replacement of that highway as estimated by the commissioner of transportation. The department of transportation shall pay the costs of the change in an amount equal to the estimated costs of the normal replacement of the highway; provided, however, that all expenditures from the highway fund required as provided in this section shall be approved by the general court as a special appropriation in the budget of the department of transportation.