KRS 256.100 to 256.170 shall not: (1) Apply in any case where any railroad has furnished the material to construct a fence or condemned its right -of-way, and paid the owner or his vendor damages, in the estimation of which the cost of fencing was taken into consideration; (2) Apply to land where the owner or his vendor has received compensation for fencing; (3) Require the railroad to build any fence along the line through any town or city or across any public or private passway; nor (4) Require the railroad to construct fences through unim proved lands until the owner of those lands has previously inclosed those lands on three (3) sides with sufficient fences or unless that land is so inclosed with fences and a river, creek, bluff or other natural barrier as to prevent the egress of stock.
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