N.Y. Religious Corporations Law § 17-c: Property of Lutheran congregations

§ 17-c. Property of Lutheran congregations. 1. Congregations of the

Lutheran Church in America. The synod having jurisdiction over a

particular congregation of the Lutheran Church in America, may declare

defunct any congregation, belonging to the synod, which has disbanded,

or has ceased or failed to maintain religious worship or services

according to the tenets and usages of the Lutheran Church, or whose

membership has so diminished in numbers as to render it impossible or

impracticable for such congregation to fulfill the purposes for which it

was organized or to protect its property from waste and deterioration,

or having departed from membership in the Lutheran Church in America,

without the consent of a convention of the synod.

Whenever the synod having jurisdiction over a particular congregation

of the Lutheran Church in America, declares defunct the particular

congregation, upon petition to the supreme court, and upon satisfactory

proof of the facts leading to said declaration, the court shall have

jurisdiction to grant an order to the effect that all property of

whatever kind which may have belonged to, or having been held by, said

congregation shall vest in the synod of jurisdiction in as full and

ample a manner as the same shall theretofore, have been vested in the

congregation so declared defunct.

The secretary of the synod of jurisdiction shall record in the office

of the county clerk, in which the congregation is located, a certified

copy of the resolution of the synod, declaring such congregation defunct

and the court order transferring the title of the congregation's

property; and the recording of such resolution and court order shall be

proof of the vesting of the title of the real property of such

congregation in the synod of jurisdiction.

2. Congregations of the Evangelical Lutheran Church in America. (a)

The relationship between a congregation of the Evangelical Lutheran

church in America and the church may be terminated in one of the

following ways:

(i) The congregation takes action to dissolve;

(ii) The congregation ceases to exist;

(iii) The membership of the congregation becomes so scattered or

diminished in numbers as to make it impracticable for such congregation

to fulfill the purposes for which it was organized. In such case, the

synod in order to protect the property from waste and deterioration,

through the synod council or trustees appointed by it, may take charge

and control of the property of the congregation to hold, manage, and

convey the same on behalf of the synod. The congregation shall have the

right to appeal the decision to the synod assembly;

(iv) The congregation is no longer recognized by the church under the

disciplinary provisions of the Evangelical Lutheran Church in America;

or

(v) The congregation terminates its relationship according to the

procedure outlined in paragraph (b) of this subdivision.

(b) A congregation may terminate its relationship with the church by

the following procedure:

(i) A resolution indicating desire to terminate its relationship must

be adopted at a legally called and conducted special meeting of the

congregation by a two-thirds majority of the voting members present;

(ii) The secretary of the congregation shall submit a copy of the

resolution to the synodical bishop and shall mail a copy of the

resolution to voting members of the congregation. This notice shall be

submitted within ten days after the resolution has been adopted;

(iii) The bishop of the synod shall consult with the congregation

during a period of at least ninety days;

(iv) If the congregation, after consultation, still desires to

terminate its relationship, such action may be taken at a legally called

and conducted special meeting of the congregation by a two-thirds

majority of the voting members present, at which meeting the synodical

bishop or an authorized representative shall be present. Notice of the

meeting shall be mailed to all voting members at least ten days in

advance of the meeting;

(v) A certified copy of the resolution to terminate its relationship

shall be sent to the synodical bishop, at which time the relationship

between the congregation and this church shall be terminated;

(vi) Notice of termination shall be forwarded by the synodical bishop

to the secretary of the church and published in the periodical of the

church; and

(vii) Congregations which had been members of the Lutheran Church in

America shall be required, in addition to the foregoing provisions, to

receive synodical approval before terminating their membership in the

church.

(c) Subject to the provisions of the governing documents of

congregations recognized at the establishment of the Evangelical

Lutheran Church in America, the following shall govern the ownership of

property by congregations of the Evangelical Lutheran Church in America:

(i) Title to property shall reside in the congregation. The

congregation may dispose of its property as it determines, subject to

any self-accepted indebtedness or other self-accepted restrictions;

(ii) Title to the undisposed property of a congregation that ceases to

exist by virtue of subparagraph (i), (ii) or (iii) of paragraph (a) of

this subdivision, shall pass to the synod of this church to which the

congregation is related;

(iii) Title to the property of a congregation that is no longer

recognized by this church as a result of discipline shall continue to

reside in the congregation;

(iv) Title to the property of a congregation that has acted to

terminate its relationship with this church by the provisions of

paragraph (b) of this subdivision and to relate to another Lutheran

church body shall continue to reside in the congregation; and

(v) Title to the property of a congregation that has acted to

terminate its relationship with this church by the provisions of

paragraph (b) of this subdivision and to become independent or to relate

to a non-Lutheran church body shall continue to reside in the

congregation only with the consent of the Synod Council. The Synod

Council, after consultation with the congregation by an established

synodical process, may give approval to the request to become

independent or to relate to a non-Lutheran church body, in which case

title shall remain with the majority of the congregation. If the Synod

Council fails to give such approval, title shall remain with those

members who desire to continue as a congregation of this church.