Legislation
SECTION 59-B
Transfer of property of extinct parishes and churches
Religious Corporations (RCO) CHAPTER 51, ARTICLE 3-A
§ 59-b. Transfer of property of extinct parishes and churches. The
Metropolitan Synod Apostolic Episcopal Church may decide that a parish
or church in connection with it or over which it has ecclesiastical
jurisdiction, and to which this article is applicable, 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 synod, 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 parish and manage the same; or may, in pursuance of the
provisions of this chapter relating to the disposition of real property,
sell or dispose of the same and apply the proceeds thereof to any of the
purposes to which the property of such synod 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 synod, 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 synod, 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
synod, 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.
Metropolitan Synod Apostolic Episcopal Church may decide that a parish
or church in connection with it or over which it has ecclesiastical
jurisdiction, and to which this article is applicable, 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 synod, 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 parish and manage the same; or may, in pursuance of the
provisions of this chapter relating to the disposition of real property,
sell or dispose of the same and apply the proceeds thereof to any of the
purposes to which the property of such synod 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 synod, 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 synod, 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
synod, 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.