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2539. Unincorporated Local Church Property--Sale, Transfer,
Lease, or Mortgage--Any real property owned by or in which an
unincorporated local church has any interest may be sold, transferred, leased
for a term of one year or more (which shall include leases for less than one
year if such a lease is consecutive with the same lessee) to a non-United
Methodist church or ministry, or mortgaged subject to the following procedure
and conditions:
1.
Notice of the proposed action and the date and time of the regular or special
meeting of the charge conference at which it is to be considered shall be given
at least ten days prior thereto (except as local laws may otherwise provide)
from the pulpit of the church or in its weekly bulletin.
2. A
resolution authorizing the proposed action shall be passed by a two-thirds
majority vote of the charge conference members (in a pastoral charge consisting
of two or more local churches, the church local conference; see ¶ 2526)
present and voting at a special meeting called to consider such action.
3. The
written consent of the pastor of the local church and the district
superintendent to the proposed action shall be necessary and shall be affixed
to or included in the instrument of sale, transfer, lease, or mortgage. Prior
to consenting to any proposed action required under this paragraph involving
any United Methodist church property, the pastor, district superintendent, and
the district board of church location and building shall ensure that: (a)
full investigation shall be made and an appropriate plan of action shall be
developed for the future missional needs of the community; (b) the
transfer or encumbrance shall conform to the Discipline; and (c)
the congregation, if no longer to continue as an organized local United
Methodist Church, does not sell but may transfer title of its facilities to
another United Methodist church or agency. Certification by the district
superintendent shall be conclusive evidence that the transfer or encumbrance
conforms to the Discipline. The requirements of investigation and the
development of a plan of action, however, shall not affect the merchantability
of the title to the real estate or the legal effect of the instruments of sale
or transfer to any congregation.
4.
The resolution authorizing such proposed action shall direct that any contract,
deed, bill of sale, mortgage, or other necessary written instrument be executed
by and on behalf of the local church by any two of the officers of its board of
trustees, who thereupon shall be duly authorized to carry out the direction of
the charge conference; and any written instrument so executed shall be binding
and effective as the action of the local church.