Section 110. If by the laying out of a railroad, or the widening thereof, a person is cut off from access to land owned by him, and has neither received compensation nor made an agreement with the corporation relative thereto, the department, after notice to the parties and a hearing, may order a crossing to be made and maintained at the expense of the railroad corporation, specifying definitely the character thereof and when it may be used. If the railroad corporation neglects for ninety days after the date of such order to comply therewith, it shall forfeit five dollars for every day thereafter during which such neglect continues, which shall be recovered by the person aggrieved. The amount recovered shall be equally divided between the plaintiff and the county where the crossing was ordered to be maintained.