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This entry was published on 2014-09-22
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Transfer of property of extinct parishes and churches
Religious Corporations (RCO) CHAPTER 51, ARTICLE 3-B
§ 50-mm. Transfer of property of extinct parishes and churches. The
Metropolitan Synod Holy Orthodox Church in America 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.