¶
2548. Discontinuation or Abandonment of Local Church Property--1.
Prior to a recommendation by a district superintendent to discontinue the use
of church property as a local church pursuant to ¶ 2548.2 hereof, or before any
action by the annual conference trustees with regard to the assumption of any
local church property considered to be abandoned pursuant to ¶ 2548.3, the
district superintendent shall obtain and consider an opinion of legal counsel
as to the existence of any reversion, possibility of reverter, right of
reacquisition, or similar restrictions to the benefit of any party.10
[FTN] 10. See
Judicial Council Decision 688.
2. Discontinuation--a)
When in the judgment of the district superintendent, in consultation with the
appropriate agency assigned the responsibility of the conference parish and
community development strategy, a local church should be discontinued, the
district superintendent may recommend its discontinuation. Such a
recommendation shall include recommendations as to where the membership (¶ 230)
and the title to the property of the local church shall be transferred. On such
recommendation that a local church no longer serves the purpose for which it
was organized and incorporated (¶¶ 201-204), with the consent of the presiding
bishop and of a majority of the district superintendents and the district board
of church location and building of the district in which the action is
contemplated, the annual conference may declare any local church within its
bounds discontinued.
b) If a church has been
discontinued by the annual conference without direction concerning the
disposition of property, the property shall be disposed of as if it were
abandoned local church property (¶ 2548.3).
3. Abandonment--When
a local church property is no longer used, kept, or maintained by its
membership as a place of divine worship, the property shall be considered
abandoned, and when a local church no longer serves the purpose for which it
was organized and incorporated (¶¶ 201-204), with the consent of the presiding
bishop, a majority of the district superintendents, and of the district board
of church location and building, the annual conference trustees may assume
control of the property. If circumstances make immediate action necessary, the
conference trustees, giving first option to the other denominations represented
in the Commission on Pan-Methodist Cooperation, may sell or lease said
property, retain the proceeds in an interest-bearing account, and recommend the
disposition of the proceeds in keeping with annual conference policy. It shall
be the duty of the annual conference trustees to remove, insofar as reasonably
possible, all Christian and church insignia and symbols from such property. In
the event of loss, damage to, or destruction of such local church property, the
trustees of the annual conference are authorized to collect and receipt for any
insurance payable on account thereof as the duly and legally authorized
representative of such local church.11
[FTN] 11. See
Judicial Council Decisions 119, 138, 143.
4. All
the deeds, records, and other official and legal papers, including the contents
of the cornerstone, of a church that is so declared to be abandoned or
otherwise discontinued shall be collected by the district superintendent in
whose district said church was located and shall be deposited for permanent
safekeeping with the commission on archives and history of the annual
conference.
5.
Any gift, legacy, devise, annuity, or other benefit to a pastoral charge or
local church that accrues or becomes available after said charge or church has
been discontinued or abandoned shall become the property of the trustees of the
annual conference within whose jurisdiction the said discontinued or abandoned
church was located.