In the Courts view, neutral principles rel[y] exclusively on objective, well-established concepts of trust and property law familiar to lawyers and judges, thereby producing outcomes reflecting intentions of the parties. Though the Court has given states the option to choose between deference and neutral principles, the majority of states have adopted the latter. What happens if there is no trust clause in the written instrument of conveyance? The United Methodist Church, the Presbyterian Church (USA), and The Episcopal Church all have language in their constitution and church law that states that the local congregation holds its property "in trust" for the denomination. Psalms 100:5 (NRSV). A deed is more than a mere conveyance of property, it often determines ownership of property in the event that a church chooses to disaffiliate from its denomination. 4 0 obj (This is not required, and it could work against a congregation seeking to leave the UM Church.). Photography:Photographs depicting featured or sponsored events may contain pictures of individuals who are not lawyers or not employed by Reynolds Law Group. The Court in Blue Hull Memorial Church gave this approach a label, recognizing that there are neutral principles of law, developed for use in all property disputes, which can be applied without establishing churches to which property is awarded. With that reminder, the Court remitted the case and the term neutral principles within the context of church property law was born. stream Who owns a church? - The Jackson Sun That language is known as the Trust Clause. (See the Book of Discipline, 2501 and 2503), The practical result of the Trust Clause is that local congregations may not keep their property, should they decide to withdraw from their denomination. Who Owns Church Property? - Tom Lambrecht | Good News Magazine Some churches now want to determine whether they have a viable claim to ownership of their own church property, rather than the denomination at large having a claim.

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