When a person or corporation owning or operating a railroad does not construct and maintain a fence as required by this chapter, any person aggrieved may construct it. The selectboard members of the town in which the same is located shall appraise the value thereof, and the person or railroad corporation shall pay the amount so awarded by the selectboard members to the person so aggrieved. On failure of the person or corporation to pay the amount so awarded, the person so constructing such fence may recover the same in an action on this statute. Such a person or railroad corporation shall not be required to build such fence while the ground is frozen.