12-1125. Payment of damages in proceedings by
railroad


A. If the property sought to be condemned is for a railroad, plaintiff shall,
within thirty days after final judgment, pay the sum assessed, but may, before payment,
elect to build fences and cattle guards. If plaintiff so elects, he shall execute and
deliver to defendant a bond, with sureties to be approved by the court, in double the
assessed cost thereof conditioned that plaintiff will build the fences and cattle guards
within eighteen months from the time the railroad is built on the land taken, and if bond
is given, plaintiff shall not be required to pay the cost of the fences and cattle guards
to defendant.


B. In an action on the bond reasonable attorney's fees, in addition to all damages,
may be recovered.