Any person claiming damages as compensation for the construction of a levee, ditch, drain, or watercourse improvement shall file the claim in the office of the county clerk at least three (3) days prior to the day on which the petition has been set for hearing, and on failure to file such claim at the time specified shall be held to have waived such rights; provided, that if such person be an infant and without regular guardian, or an infant or person adjudicated incompetent and such guardian or conservator has not been notified of the proceeding as provided for notice, and the facts are made to appear by affidavit, the court shall appoint a guardian ad litem for such person, who may file such claim for damages, if deemed proper, for the person within the time above allowed or within three (3) days after being so appointed.