Idaho State Statutes - Idaho Attorney Directory

(1) Should the cemetery authority fail
to remit to the trustee or trustees in accordance with the law, the funds
herein provided for endowment care, or fail to expend all such funds and
reasonable care for and maintain any portion of a cemetery entitled to
endowment care, or should the trustee or trustees fail to perform the trust
obligations in accordance with the law, any three (3) separate lot owners
whose lots or other burial spaces are entitled to endowment care, or the next
of kin, heirs at law or personal representatives of such lot owners, shall
have the right, or the prosecuting attorney of any county where such lots are
situated, shall have the power, by suit for injunction or for appointment of a
receiver, to sue for, to take charge of, and to expend such net income for the
purposes set out in sections 27-407 and 27-408, Idaho Code. Such suit may be
filed in the district court of the county in which said cemetery is located.
(2) Whenever it appears to the administrator that any cemetery authority
or trustee has engaged or is about to engage in any act or practice
constituting a violation of any provisions of this act or any rule or order
hereunder or when an endowment care cemetery fails after thirty (30) days'
notice of delinquency to make any report to the administrator required by
section 27-411, Idaho Code, the administrator shall give notice of the
foregoing to the trustee or trustees of the cemetery endowment care fund, the
cemetery authority and the attorney general of Idaho. It shall be the duty of
the attorney general within ninety (90) days after the receipt of such notice
to institute suit in the district court of any county of this state in which
such cemetery is located, for an injunction against further sales of graves,
plots, crypts, niches, burial vaults, markers or other cemetery merchandise by
such cemetery or for the appointment of a receiver to take charge of the
cemetery or trust fund, unless he shall prior to that time be notified by the
administrator that such failure to conform to the requirements of the law or
to report has been corrected.

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