Section 27-304 – ADDITIONAL RESTRICTIONS NOT PROHIBITED.
27-304. ADDITIONAL RESTRICTIONS NOT PROHIBITED. Nothing in this chapter shall prevent cities or cemetery maintenance districts from imposing additional terms on the sale or conveyance of rights to burial, nor from the insertion of reversionary clauses into a certificate of title or right to burial for periods of inactivity of less than fifty (50) years. […]
Section 27-401 – DECLARATION OF POLICY.
27-401. DECLARATION OF POLICY. It is hereby declared to be in the public interest that cemeteries, as hereinafter in this act defined, advertising and/or selling "endowment care" or "perpetual care" cemetery lots, burial spaces, or interment facilities of any type or kind, be subject to regulation by the state of Idaho in order to insure […]
Section 27-402 – SHORT TITLE.
27-402. SHORT TITLE. This act may be cited as the "Endowment Care Cemetery Act of 1963." History: [(27-402) 1963, ch. 179, sec. 2, p. 527; I.C., sec. 28-402 (1963 Supp.).]
Section 27-403 – DEFINITIONS.
27-403. DEFINITIONS. When used herein, unless the context or subject matter requires otherwise, the terms hereinafter set forth shall have the following respective meanings: (a) Cemetery. The term "cemetery" shall mean a place dedicated to, used and intended to be used for the permanent interment of the human dead, and shall include a burial plot […]
Section 27-404 – CORPORATE FORM REQUIRED HEREAFTER FOR PERPETUAL OR ENDOWED CARE CEMETERY.
27-404. CORPORATE FORM REQUIRED HEREAFTER FOR PERPETUAL OR ENDOWED CARE CEMETERY. From and after the effective date of this act it shall be unlawful to operate a perpetual or endowed care cemetery in this state except by means of a corporation organized under the laws of this state; provided, however, that this section shall not […]
Section 27-405 – ARTICLES OF INCORPORATION — TRUST FUND.
27-405. ARTICLES OF INCORPORATION — TRUST FUND. After the effective date of this act, no charter shall be issued to a corporation organized for the purpose of maintaining and operating a perpetual or endowed care cemetery unless the articles of incorporation thereof certify to the establishment of an endowment or perpetual care trust fund for […]
Section 27-406 – DUTY OF OWNER OF CEMETERY IN EXISTENCE AT DATE OF ACT.
27-406. DUTY OF OWNER OF CEMETERY IN EXISTENCE AT DATE OF ACT. After the effective date of this act no owner of a cemetery in existence at the effective date of this act, who, previous to such date, has not sold or contracted to sell lots in said cemetery with a provision for perpetual or […]
Section 27-407 – TRUST FUND REQUIRED BEFORE SALE OF LOTS.
27-407. TRUST FUND REQUIRED BEFORE SALE OF LOTS. After the effective date of this act, no corporation hereafter organized for the operation of a perpetual or endowed care cemetery nor any owner of a cemetery not previously operating as a perpetual or endowed care cemetery shall advertise or sell lots in said cemetery under the […]
Section 27-408 – INSTRUMENT IN WRITING.
27-408. INSTRUMENT IN WRITING. The trust fund so created shall be evidenced by an instrument in writing, and shall contain in addition to the requirements of section 27-407, Idaho Code, the following provisions: (a) That there shall be designated a trustee under this act, which shall be any federally insured financial institution located within the […]
Section 27-409 – EXISTING CEMETERIES — APPLICATION OF LAW.
27-409. EXISTING CEMETERIES — APPLICATION OF LAW. Any cemetery authority in existence prior to the effective date of this act, which has in fact sold burial spaces under the representation that perpetual care shall be afforded to such lot, shall not be required to make the initial deposit of fifty thousand dollars ($50,000) in said […]