Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages

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. Source: SL 1917, ch 237 , § 4; RC 1919, § 10538; SDC 1939, § 19.0206; SL 1990, ch 350 , § 4.