Idaho Code § 27-301 Council Or Board Procedures

• Library: Idaho Statutes
• Edition: 2023
• Currency: Current through the 2023 Regular Legislative Session
• Year: 2023
• Citation: Idaho Code § 27-301

(1) A city council or cemetery maintenance district board may pass a resolution requesting that the owner, or his or her heir or assign, of a lot, site or portion of the cemetery that has been unused for burial purposes for more than fifty (50) years, file with the city clerk with respect to a city cemetery, or the secretary with respect to a cemetery maintenance district, a written statement of continuing claim or interest in the lot, site or portion of the cemetery, if not otherwise limited by the express terms of the rights of burial accorded by the cemetery owner.

(2) The city council or cemetery maintenance district board shall then cause a copy of the resolution to be personally served on the owner, if possible, by delivering a copy of the resolution to the individual personally or by leaving copies thereof at the individual's dwelling house or usual place of abode with some person over the age of eighteen (18) years then residing therein. The resolution shall notify the owner that the owner shall, within sixty (60) days after service of the resolution on the owner, express his or her interest in maintaining the cemetery lot, site or portion of the cemetery by filing with the city clerk with respect to a city cemetery, or the secretary with respect to a cemetery maintenance district, a written statement of his or her continuing claim or interest in the lot, site or portion of the cemetery.

(3) If it is determined that the owner is deceased, the requirement to personally serve the owner may be met by mailing a copy of the resolution to all known or reasonably ascertainable heirs of the owner. A search for heirs shall include an inquiry into the next succeeding owner(s) of a decedent's real property and a basic online search for information about the heirs of the deceased owner.

(4) If the owner cannot be personally served with the resolution of the city council or cemetery maintenance district board as required in subsection (2) of this section, the city council or cemetery maintenance district board shall publish its resolution for three (3) successive weeks in a newspaper of general circulation within the county and shall mail a copy of the resolution within fourteen (14) days after the publication to the owner's last known address, if available.