When it appears to the selectboard that the owner or occupant of a piece of land is not sufficiently interested in opening the ditch or watercourse to be required to perform or pay for any part thereof, but it appears necessary for the other parties that such ditch or watercourse should be constructed across such land, they may award that the same be done at the expense of such other parties. The parties in whose favor the award is made, may open the ditch or watercourse across such land at their own expense without being trespassers.