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This entry was published on 2014-09-22
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Property of extinct churches
Religious Corporations (RCO) CHAPTER 51, ARTICLE 18
§ 352. Property of extinct churches. The diocesan council of the
Byelorussian Autocephalic Orthodox Church in America may decide that a
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 the Byelorussian Autocephalic Orthodox Church, 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 diocesan council 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 diocesan council, 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 diocesan council, 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 diocesan council, 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.