Property for a county road shall be secured by the board of county road commissioners and shall be taken in the name of the county. Property for trunk line highway purposes shall be secured by the state highway commissioner and shall be taken in the name of the state, excepting that excess property taken for highway purposes shall be taken in the name of the state highway commissioner. All such property shall be acquired by a release or other appropriate conveyance duly executed by the owner or owners of the lands and acknowledged and witnessed in the manner provided by law for the acknowledging and witnessing of deeds: Provided, That fluid mineral and gas rights shall be deemed excluded from such release or conveyance unless specifically included therein. The exercise of such fluid mineral and gas rights, as permitted by law, shall not interfere with the use of such property. All such releases and conveyances shall be recorded in the office of the register of deeds of the county in which the land is situated.