Idaho State Statutes - Idaho Attorney Directory

(1) With the
written consent of the donor, the governing board may release, in whole or in
part, a restriction imposed by the applicable gift instrument on the use or
investment of an institutional fund.
(2) If written consent of the donor cannot be obtained by reason of his
death, disability, unavailability, or impossibility of identification, the
governing board may apply in the name of the institution to the district court
for release of a restriction imposed by the applicable gift instrument on the
use or investment of an institutional fund. The attorney general shall be
notified of the application and shall be given an opportunity to be heard. If
the court finds that the restriction is obsolete, inappropriate, or
impracticable, it may by order release the restriction in whole or in part. A
release under this subsection may not change an institutional endowment fund
to a fund that is not an institutional endowment fund.
(3) A release under this section may not allow a fund to be used for
purposes other than the educational, religious, charitable, or other
eleemosynary purposes of the institution affected.
(4) This section does not limit the application of the doctrine of
cy-pres.

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