For the purpose of acquiring any necessary land or rights-of-way over the same, or any property of any kind which may be necessary for the successful construction and maintenance of such roads and highways system, if the board of county commissioners cannot agree as to the price to be paid therefor, condemnation proceedings shall be instituted by the board of county commissioners and prosecuted in the name of the county under the provisions of the law in similar cases.
K.S.A. 68-730