Whenever the expense of constructing a highway or any part thereof is to be borne by the county, the board of county commissioners thereof has the power to deviate from section and township lines and to condemn and purchase right of way for such highway, if in its opinion the cost of constructing and maintaining such highway must be decreased materially. The cost of obtaining such right of way must be borne by the county.
N.D.C.C. § 24-05-07