Legislation
SECTION 225-M
Property of extinct churches
Religious Corporations (RCO) CHAPTER 51, ARTICLE 11-A
§ 225-m. Property of extinct churches. 1. Any incorporated annual
conference or other governing body of the free Methodist church may
decide that a church society in connection with it or over which it has
ecclesiastical jurisdiction, has become extinct, if it has failed for
two consecutive years next prior thereto, to maintain religious services
according to the discipline, customs and usages of such governing body,
or has had less than ten resident attending members making annual or
regular contributions towards its support, and may take possession of
the temporalities and property belonging to such church, or religious
society, and manage the same; or may, in pursuance of the provisions of
this act relating to the disposition of real property by free Methodist
corporations, sell or dispose of the same and apply the proceeds thereof
to any of the purposes to which the property of such governing religious
body is devoted, and it shall not divert such property to any other
object. For the purpose of obtaining a record title to the land and the
church edifice, or other buildings thereon, by such incorporated
governing body, the surviving trustee or trustees of said extinct church
or if there be no surviving trustee, then a surviving member of said
extinct church, may, without a consideration being paid therefor by such
incorporated governing body, convey to it said land and church edifice,
or other buildings thereon, subject, however, to an order of the supreme
or county court based upon a petition reciting that said church has
become extinct; the name of its surviving trustee or trustees; and the
names of its members (who must have given their consent to the making of
said conveyance). Upon the recital of said facts in said petition, the
court shall have jurisdiction to grant an order allowing said conveyance
to be made without a consideration; and should there be no surviving
members, as well as no surviving trustee of said extinct church, said
petition may be made by an officer of said incorporated governing body,
in which event the court, upon the recital of said fact, shall have
jurisdiction to appoint a suitable person as trustee for the purpose of
making said conveyance.
conference or other governing body of the free Methodist church may
decide that a church society in connection with it or over which it has
ecclesiastical jurisdiction, has become extinct, if it has failed for
two consecutive years next prior thereto, to maintain religious services
according to the discipline, customs and usages of such governing body,
or has had less than ten resident attending members making annual or
regular contributions towards its support, and may take possession of
the temporalities and property belonging to such church, or religious
society, and manage the same; or may, in pursuance of the provisions of
this act relating to the disposition of real property by free Methodist
corporations, sell or dispose of the same and apply the proceeds thereof
to any of the purposes to which the property of such governing religious
body is devoted, and it shall not divert such property to any other
object. For the purpose of obtaining a record title to the land and the
church edifice, or other buildings thereon, by such incorporated
governing body, the surviving trustee or trustees of said extinct church
or if there be no surviving trustee, then a surviving member of said
extinct church, may, without a consideration being paid therefor by such
incorporated governing body, convey to it said land and church edifice,
or other buildings thereon, subject, however, to an order of the supreme
or county court based upon a petition reciting that said church has
become extinct; the name of its surviving trustee or trustees; and the
names of its members (who must have given their consent to the making of
said conveyance). Upon the recital of said facts in said petition, the
court shall have jurisdiction to grant an order allowing said conveyance
to be made without a consideration; and should there be no surviving
members, as well as no surviving trustee of said extinct church, said
petition may be made by an officer of said incorporated governing body,
in which event the court, upon the recital of said fact, shall have
jurisdiction to appoint a suitable person as trustee for the purpose of
making said conveyance.