When any railroad company appeals from a decision of the Commission as provided for in Section 58-15-1700 or from an order or finding of any department or subdivision as provided for in Section 58-15-1710 the department or subdivision pending such appeal or appeals may proceed at its own risk and expense in constructing such grade crossing separation structure and without prejudice as to the division of the costs as herein provided should the appeal be decided adversely to such railroad.
S.C. Code § 58-15-1720