Section 81. If a railroad corporation is not able to obtain by agreement with the owner any land necessary for the location of its railroad, it shall furnish a plan of the land to the owner. An owner of land aggrieved by the location of a railroad crossing his land in such manner as to be of grievous damage, which could be avoided without serious injury to others, may, within thirty days after receiving the plan of his land, as provided herein, petition the department, who shall give notice and hear the parties. If it appears that such location will greatly and unnecessarily damage the petitioner, and that it can be so changed as entirely or partly to avoid such damage without material detriment to the line of the railroad and without great injury to other parties, the department shall change such location accordingly. It shall give to each party a certificate of its determination within sixty days after receiving the petition. The necessary expenses of the department and the costs of the petition shall be paid by the corporation; but if the department decides that the petition was frivolous, such expenses and costs shall be paid by the petitioner.
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