Failure to construct.

If the railroad company shall fail to so construct the improvement for a period of thirty days after filing its election so to do, the applicant may proceed to do so and may have returned to the applicant the cost thereof deposited with the auditor. [S13, §1959; C24, 27, 31, 35, 39, § 7731; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §465.17 ] 89 Acts, ch 126, §2 CS89, §468.616