If the owner of land and a railroad are not agreed upon the place, number or kind of cattle guards, passes or crossings to be constructed for his accommodation, either party may apply to the department of transportation, which, after notice, hearing and examination, shall determine the number, places, time and manner of construction of the same.
RSA 246:33
1850, 953:5. CS 150:45. GS 147:16. GL 161:16. 1889, 54:1. PS 159:19. PL 249 :42. RL 299:50. 1951, 203:58 par. 33. RSA 373:33. 1985, 402:6, I(e)(5).