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Home » US Law » 2022 Idaho Code » Title 27 - CEMETERIES AND CREMATORIUMS » Chapter 1 - CEMETERY MAINTENANCE DISTRICT LAW

Section 27-101 – PURPOSE AND POLICY OF LAW — SHORT TITLE.

27-101. PURPOSE AND POLICY OF LAW — SHORT TITLE. The maintaining, improving and beautifying of cemeteries for the burial of the human dead is hereby declared to be one of the first considerations of a civilized people and a fixed and permanent policy of the state of Idaho, and the same is hereby declared to […]

Section 27-102 – CREATION AND ORGANIZATION OF DISTRICT.

27-102. CREATION AND ORGANIZATION OF DISTRICT. Whenever fifteen (15) or more of the holders of title, or evidence of title, to lands aggregating not less than six thousand (6,000) acres of contiguous territory, or consisting of contiguous territory of less extent but having market value for assessment purposes of at least one million dollars ($1,000,000) […]

Section 27-103 – JOINT COUNTY CEMETERY MAINTENANCE DISTRICTS — COMMISSIONERS.

27-103. JOINT COUNTY CEMETERY MAINTENANCE DISTRICTS — COMMISSIONERS. When the boundaries of a proposed cemetery maintenance district lie in two (2) or more counties, each county shall act separately in the election and organization of that part of the proposed cemetery maintenance district contained in its county: Provided that the boards of county commissioners of […]

Section 27-104 – PETITION.

27-104. PETITION. A petition shall first be presented to the board of county commissioners and filed with the clerk of the board of commissioners of the county in which the proposed cemetery maintenance district is situated, signed by the number of holders of title, or evidence of title specified in section 27-102, which petition shall […]

Section 27-105 – NOTICE OF HEARING OF PROTEST.

27-105. NOTICE OF HEARING OF PROTEST. When such petition is presented to the board of county commissioners and filed in the office of the clerk of such board, the said board shall set a time for a hearing upon such petition, which time shall not be less than four (4) nor more than six (6) […]

Section 27-106 – NOTICE OF ELECTION.

27-106. NOTICE OF ELECTION. After the county commissioners have made their order finally fixing and determining the boundaries of the proposed district, the clerk of the board of county commissioners shall cause to be published a notice of an election to be held, subject to the provisions of section 34-106, Idaho Code, in such proposed […]

Section 27-107 – ELECTION — QUALIFICATION OF ELECTORS — CANVASS.

27-107. ELECTION — QUALIFICATION OF ELECTORS — CANVASS. Such election shall be conducted in accordance with chapter 12 and chapter 14, title 34, Idaho Code. The board of county commissioners shall establish as many election precincts within such proposed cemetery maintenance district as may be necessary, and define the boundaries thereof. The county clerk shall […]

Section 27-108 – CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION.

27-108. CANVASS BY BOARD OF COMMISSIONERS — VALIDITY OF ORGANIZATION. Immediately after any election for voting upon the organization of a cemetery maintenance district, the judges of said election shall forward the official results of said election to the clerk of said board of commissioners. The said board of commissioners shall meet within ten (10) […]

Section 27-109 – CEMETERY MAINTENANCE BOARD — APPOINTMENT OF COMMISSIONERS — OATH.

27-109. CEMETERY MAINTENANCE BOARD — APPOINTMENT OF COMMISSIONERS — OATH. There shall be three (3) cemetery maintenance commissioners in each district, who shall constitute the cemetery maintenance board. The first cemetery maintenance commissioners of such cemetery maintenance district shall be appointed by the board of county commissioners. If the district is to be situated in […]

Section 27-110 – TERM OF OFFICE — VACANCIES.

27-110. TERM OF OFFICE — VACANCIES. (1) At the meeting of the board of county commissioners at which the cemetery maintenance district is declared organized, as provided by section 27-108, Idaho Code, said board of county commissioners shall divide the cemetery maintenance district into three (3) subdivisions, as nearly equal in population, area and mileage […]

Section 27-111 – ELECTION OF COMMISSIONERS.

27-111. ELECTION OF COMMISSIONERS. (1) On the first Tuesday following the first Monday in November and every odd-numbered year thereafter, three (3) cemetery maintenance district commissioners shall be elected by the electors of each cemetery district as defined in section 27-104, Idaho Code. For commissioners whose offices expire in 2012 and in any even-numbered year, […]

Section 27-112 – ANNEXATION OR EXCLUSION OF TERRITORY FROM DISTRICT — PROCEDURE.

27-112. ANNEXATION OR EXCLUSION OF TERRITORY FROM DISTRICT — PROCEDURE. After the organization of a cemetery maintenance district, additional territory adjoining such district, and lying within the same county may be added thereto and shall thereupon and thenceforth be included in such district, by the affirmative vote of a majority of the qualified electors of […]

Section 27-113 – ANNEXATION OF TERRITORY IN ADJOINING COUNTY.

27-113. ANNEXATION OF TERRITORY IN ADJOINING COUNTY. After the organization of a cemetery maintenance district, additional territory adjoining such district and contiguous thereto, and located wholly within an adjoining county, may be added to such district and become a part thereof as hereinafter provided. The proceedings for such annexation shall be the same as the […]

Section 27-114 – ORGANIZATION OF BOARD — MEETINGS — OFFICERS — OFFICIAL BONDS.

27-114. ORGANIZATION OF BOARD — MEETINGS — OFFICERS — OFFICIAL BONDS. Immediately after qualifying, the board of cemetery maintenance commissioners shall meet and organize as a board, and at that time, and whenever thereafter vacancies in the respective offices may occur, they shall elect a president from their number, and shall appoint a secretary and […]

Section 27-115 – CEMETERY MAINTENANCE DISTRICTS ARE BODIES CORPORATE.

27-115. CEMETERY MAINTENANCE DISTRICTS ARE BODIES CORPORATE. Every cemetery maintenance district organized as provided by law is a body politic and corporate, and as such has the power specified in this chapter. Its powers can be exercised only by the cemetery board or by agents and officers acting under their authority, or authority of law. […]

Section 27-116 – CORPORATE POWERS.

27-116. CORPORATE POWERS. Each cemetery maintenance district has power: 1. To sue and be sued. 2. To acquire, hold, use, manage, occupy, possess, lease, exchange, sell and convey lands, make such contracts, and acquire, hold, use, manage, occupy, possess, lease, exchange, sell and convey such personal property as may be necessary or convenient for the […]

Section 27-119 – COMPENSATION AND EXPENSES OF CEMETERY MAINTENANCE BOARD COMMISSIONERS.

27-119. COMPENSATION AND EXPENSES OF CEMETERY MAINTENANCE BOARD COMMISSIONERS. The cemetery maintenance board commissioners may receive compensation of not more than twenty-five dollars ($25.00) per day for each day spent engaged in meetings or on district business authorized by the board; provided that no commissioner shall receive per diem payments totaling more than one thousand […]

Section 27-120 – AUDITOR TO FURNISH ASSESSED VALUATION — BOARD TO MAKE LEVY.

27-120. AUDITOR TO FURNISH ASSESSED VALUATION — BOARD TO MAKE LEVY. On or before the third Monday in July of each year, the county auditor shall deliver to the secretary of each cemetery maintenance district within the county a statement showing the aggregate valuation of all the taxable property in such district; and thereafter the […]