Whenever the owner of any lands over which any railroad company has acquired a right of way desires cattle guards other than those provided for in Code Section 46-8-129, or desires any farm crossing on his land, it shall be the duty of the railroad company, upon written notice as provided in Code Section 46-8-129, within ten days after the service of the notice, to submit to the landowner or his agent, if found, a written estimate of the cost of such cattle guard or farm crossing. Thereupon the landowner or his agent, if satisfied with the estimate, shall pay to the company the sum so estimated; and the company shall at once proceed to build such cattle guards or farm crossings, the cost of the farm crossings to be confined to the portion on the roadbed of the railroad. In the event the landowner and the company cannot agree as to the correctness of the estimate, the same shall be determined in the manner provided for the determination of damages for rights of way. The award may be had at the instance of the landowner or his agent, as well as at the instance of the railroad company. In the event the railroad company fails to comply with this Code section or fails to keep in good repair the guards or crossings, it shall be liable for all damages resulting to such landowner by the failure to build or keep in good repair such cattle guards or farm crossings, such damages to be recovered in any court having jurisdiction thereof.