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