TITLE 27

CEMETERIES AND CREMATORIUMS

CHAPTER 5

PROTECTION OF GRAVES

27-504.  Civil action — Time for commencing actions — Venue — Damages — Attorney fees. (1) Apart from any criminal prosecution, any person shall have a cause of action to secure an injunction, damages or other appropriate relief against any person who is alleged to have violated the provisions of section 27-502, Idaho Code. The action shall be brought within two (2) years of the discovery of the violation by the plaintiff. The action may be filed in the district court of the county in which the subject grave or cairn, remains or artifacts are located, or within which the defendant resides.

(2)  If the plaintiff prevails in an action brought pursuant to this section:

(a)  The court may award reasonable attorney fees to the plaintiff;

(b)  The court may grant injunctive or such other relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation. The court shall order the disposition of any items forfeited as it sees fit, including the reinterment of any human remains in accordance with subsection (1) of section 27-502, Idaho Code;

(c)  The plaintiff may recover actual damages. Actual damages include special and general damages, which include damages for emotional distress;

(d)  The plaintiff may recover punitive damages upon proof that the violation was wilful. Punitive damages may be recovered without proof of actual damages.

(e)  An award of punitive damages may be made only once for a particular violation by a particular person, but shall not preclude the award of such damages based on violations by other persons or on other violations.

(3)  If the defendant prevails, the court may award reasonable attorney fees to the defendant.

History:

[27-504, added 1984, ch. 73, sec. 4, p. 138.]