(1) Whenever the commissioners or their director of highways shall be unable to agree with any person for a parcel of land, or the person shall be unknown or a nonresident of the county, or a minor, or an insane or incompetent person, the commissioners or director of highways shall have the right, subject in case of the director of highways on the order of the commissioners, to begin action in the name of the county in the district court to condemn the land necessary for the right-of-way for the highway under the provisions of chapter 7, title 7, Idaho Code. An order of the commissioners, entered upon their minutes, that the land sought to be condemned is necessary for a public highway and public use shall be prima facie evidence of the fact.