If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in § 43-24-7 , the aggrieved owner of such adjoining land may erect or repair such partition fence, and may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.
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