Such disagreements should be solved in the Christian community. (If you know of similar process documents produced by other governing bodies or churches, from both PC(USA) or non-PC(USA) sources, please let us know by leaving a comment below.) Two years ago, Kirk of the Hills voted almost unanimously to leave the PC(USA) and join the EPC. The Early Christian Perspective. It reads: I understand that this language has a legal tone because it was intended to prevent churches from leaving the denomination with their property. In fact, in many cases, either presbyteries or congregations have initiated legal action, thus taking the churchs business into the secular courts. All power in heaven and earth is given to Jesus Christ by Almighty God, who raised Christ from the dead and set him above all rule and authority, all power and dominion, and every name that is named, not only in this age but also in that which is to come. For example, early in my pastorate in Irvine, a couple from the church met with me. Are we committed to treating all people rightly, even and especially those who disagree with us? Were just renters, in a way. For this reason, it might be necessary to amend the Book of Order in one way or another. He describes the context for the vote on Resolution 03-21 this way: [R]right before GA took up this overture, we saw a video presentation about the horrors of pastoral sexual abuse at a mission in San Francisco. Members of the congregation are frequently faced with legal questions when they are required to consider issues related to the structure or use of their building. (See my series: Whats Good About Denominations?) and done. Church property, therefore, should, if anything, be employed for the use and benefit of the particular church. This resolution provided for the provision of funds from the General Assembly to presbyteries engaged in lawsuits with congregations that have left the PC(USA) and joined the Evangelical Presbyterian Church and have tried to keep their church property. . (1 Cor 6:1-8, NRSV). Minister's name: _____ For the period _____, 20___ to _____, 20____ . In the big picture, litigation is a lose-lose situation for the people in our churches and it is deadly to the cause of Christ. Who will rescue me from this body of death? Im not making this up because Im so pious or clever. The starting point, given the reality of Ephesians 6:12, is to follow Ephesians 6:13-18: Therefore take up the whole armor of God, so that you may be able to withstand on that evil day, and having done everything, to stand firm. Its purpose shall be to mediate differences and reconcile persons, to the end that the difficulties may be corrected by the session of the church if possible, that the welfare of the particular church may be strengthened, that the unity of the body of Christ may be made manifest. Munib A. Younan, bishop of the Evangelical Lutheran Church in Jordan and Palestine (ELCJ). Churches have sometimes failed to honor their presbyteries and done that which is contrary to our Constitution, not to mention Scripture, in their relationships with presbytery leaders. It suggests that the PC(USA) has indeed jettisoned biblical relevance and authority, and not simply when it comes to homosexuality. I have never felt so heartsick in my life. (In June of this year, Lancaster Presbyterian Church in New York did vote 243-0 to leave the denomination, but this sort of unanimity is unusual.) The way the Book of Order talks about the situations were facing in the PC(USA) is not, in my view, particularly helpful. So, when a neighbor offered to buy the property for $200,000, Schulte said they jumped at the opportunity. When I last checked, grace meant giving something underserved, something for nothing. . 2. Will you be active in government and discipline, serving in the governing bodies of the church; and in your ministry will you try to show the love and justice of Jesus Christ? We recognize that it may not always be most glorifying to God for the PC(USA) to retain ownership of all church property. In the worship and service of God and the government of the church, matters are to be ordered according to the Word by reason and sound judgment, under the guidance of the Holy Spirit. Thus it may be appropriate for a departing church to continue supporting the ministry of the presbytery for a period of time to allow the presbytery to recover the loss of income. d. In affirming with the earliest Christians that Jesus is Lord, the Church confesses that he is its hope and that the Church, as Christs body, is bound to his authority and thus free to live in the lively, joyous reality of the grace of God. Moreover, if a presbytery is involved with a church that votes to leave, the involvement of presbytery leaders may very well pave the way for a church to leave with its property. Neither pace will be edifying to the congregation, or even to the presbytery. Church Mutual as the preferred insurance provider . I could tell many more like these. Church Property Laws Under US law, local churches are typically listed as the property owner, meaning that the church themselves holds the title or the deed to the local church property. Therefore, check out the local zoning and . In my last post in this series I began to consider the implications of the PC(USA)s claim to own all congregational property. Ive discussed some of these situations earlier in this series. Church elder boards will be ousted and presbyteries will take over. They say the pandemic has accelerated that trend. But I do know from what several people have reported to me that churches have done this to protect themselves from harsh and vindictive presbytery actions. But I do have a few thoughts about what an appropriate discernment process would include. This post is Part 6 of the series Why Not Just Leave the PC(USA)? They have let churches leave the denomination with their property, sometimes at no expense to the church, sometimes selling the property to the church at a significant discount. As Ive been surfing around the Internet, I found a document prepared by the Presbytery of the Cascades called A Process for Congregations Considering Leaving the PCUSA (download PDF file here). . Some crashed on the rocks. Should our congregation have a written use agreement for occasional use of the property? You can unsubscribe at any time using the button below. Legal Disclaimer Jesus doesnt call us to stockpile arms, but to lay down arms and shepherd his sheep. As the resolution states, we believe litigation by Christians against Christians is deadly to the cause of Christ. In almost every congregation considering leaving the PC(USA), there will be members on both sides of the issue. A Family Leaves Because of Their Teenagers. It will be rare, of course, for a presbytery to be enthusiastic about losing one of its churches. As stated above, a property dispute is the most likely reason a church will find itself in court. It seems to me that either held in trust for the use and benefit statement is at best in theological tension with, and at worst an outright contradiction to, the opening section of the Book of Order. It seems incredible to me that we in the PC(USA), who also happen to be brothers and sisters in the body of Christ, would actually be fighting over property in this way. . Im not saying that this document is perfect, but it has a lot to offer. I hated the thought of losing Buddy . And, in general, Im not one to encourage churches or individuals to leave the denomination. I have never been directly involved in a church leaving the PC(USA), so I cant speak from personal experience about why a church would sue its presbytery. Sheesh!). I wonder what hed do with his property in Tulsa, Oklahoma. After all, Ive spent more than thirty years of my life dealing with the gay ordination issue in the PC(USA). But when the differences between a particular church and the denomination are significant, when they involve central issues of theology and mission, and when these differences have led a church into a wise and godly process of discernment that has ended in super-majority vote of the congregation to leave the PC(USA), then it may very well be consistent with the use and benefit of the PC(USA) to allow a church to leave with its property. The presbytery should ask the church to continue to pay its per capita for a period of time, perhaps by a decreasing percentage. Can it be that there is no one among you wise enough to decide between one believer and another, but a believer goes to court against a believerand before unbelievers at that? There were 286 people voting against the motion. (Photo: My farewell party at Irvine Presbyterian Church a year ago. Provide funds to the Office of General Assembly for the purpose of sharing the cost of legal fees defending our Constitution against the New Wineskins Non-geographic Presbytery of the Evangelical Presbyterian Church and a group which has joined that denomination. Sometimes presbyteries do; sometimes they dont. After all, how could Austell and Smith expect an Assembly that had just approved to fund lawsuits among Christians to agree that such litigation is, in fact, deadly to the cause of Christ? In addition, $2.8 million in support was released from restriction or designation during the period. Church Property Law | Taylor Porter Church Property Law Practice Contact: Lloyd Lunceford lloyd.lunceford@taylorporter.com 225.381.0273 I thought Id review a few main points and add some concluding remarks. Permalink for this post / Permalink for this series. . More accurately, all involved in the process should be humble before God and before each other. Congregation leaders should communicate with leaders from other churches that have considered leaving the PC(USA), or have left, to learn about what was good and not good in their process. Then, after debate, the amended motion passed with 57% in favor (395 yeas; 286 nays; 9 abstentions). I do not have direct experience of something like Im describing, so one could accuse me of being hopelessly nave. From a distance, this seems fair to me. This determination does not depend upon which faction received the majority vote within the particular church at the time of the schism. Most recently, Kirk of the Hills, a large, formerly PC(USA) church in Oklahoma that is now an EPC congregation, lost its two-year legal battle to maintain its property. But if the church appeals and wins, it owns the property without having to pay the presbytery. I have been a Lutheran my entire life, Schulte said. As you might well imagine, I was terribly disappointed. Members of St. Luke's Lutheran Church in Thunderbolt say they are devastated. Theyll need time to understand the issues and the options. There is no demand in the Constitution that a presbytery must hang onto the property when a church leaves, though there could be situations when this would be best (as in a close vote of a congregation, or in a case where another church could use the vacated property, etc.). With our hands, we do God's work of restoring and reconciling communities in Jesus Christ's name . Things to consider before renting or leasing the church building When a particular church of another denomination requests that it be received by a presbytery of this denomination, the presbytery shall verify that the church has been regularly dismissed by the governing body of jurisdiction, and the advice of the highest governing body of that denomination dealing with relations between denominations has been received, and shall then receive the church in accord with its responsibilities and powers. But I dont think its always right for a church to leave with its property and not give anything back to the presbytery. As a current or prospective insured congregation or synod under the ELCA Endorsed Property and Liability Insurance Program underwritten by Church Mutual Insurance Company, S.I., you may be interested in how effective risk management may assist your congregation.Below are links to various Web sites and documents to further assist you in protecting . and distresses me. The only hope comes if we ask the question differently. In a spirit of mutual love, grace, and charity. Rev. Welcome to the Evangelical Lutheran Church in America (ELCA). Please leave a comment below. We acknowledge other denominations and believe that God is working in and through them. This passage clearly teaches that Christians should not sue other Christians in secular court. Mammon is one of these powers specifically named by Jesus himself (Matt 6:24). Buddys partnership in ministry meant a great deal to me and to our church. But under 1979's Jones v. Wolf, the Supreme Court, by a 5-4 vote, held that courts could adjudicate such cases applying . When the resolution was discussed in the General Assembly, someone added an amendment: 3. . God has put all things under the Lordship of Jesus Christ and has made Christ Head of the Church, which is his body. We are simply one small facet of the Church.. I will need to work very hard to demonstrate the first quality of biblical love: Love is patient . Though there is not place in the Bible that directly addresses the case of churches suing churches, we do find an analogous situation in 1 Corinthians 6. Theyre now down to just 8 members. No, I havent stood in the shoes of presbytery leaders going through this process. f. to provide encouragement, guidance, and resources to its member churches in the areas of leadership development, church officer training, worship, nurture, witness, service, stewardship, equitable compensation, personnel policies, and fair employment practices; . It does not insist on its own way; it is not irritable or resentful; it does not rejoice in wrongdoing, but rejoices in the truth. . Ive been a member of the PC(USA) (previously, the UPCUSA) for over forty years, and an ordained PC(USA) pastor for half of that time. As you might well imagine, the tone and substance of Austells resolution was radically different from that go ahead and sue our fellow Presbyterians resolution that passed on Thursday. Im simply restating what we Presbyterians say we believe. Hmmm. Even as we confess individually that our chief end as human beings is to glorify God and enjoy him forever, so the chief end of all church property is Gods glory (Westminster Shorter Catechism, Question 1). Its hard to imagine that people would give very much to support legal action against former PC(USA) churches and a fellow Presbyterian denomination. From a relational and emotional perspective, therefore, its hard for a church to leave the denomination. But the apparently cavalier way in which the General Assembly approved of a resolution that seems, on the surface, to be inconsistent with Scripture is deeply distressing to me. The presbytery can do much better than that, and so can the church. Kirk of the Hills promised to appeal, so the presbytery countered by offering to sell them the property if they would forever end their appeal. Yet I have watched a pastor friend who faced an analogous situation in his church. The only question that really matters is: What does Jesus want to do with his property? Treat me with respect and Ill be apt to treat you in the same way. In conversations with Presbyterian leaders from various theological persuasions, I have sometimes said, Why dont we make it possible for churches to leave with their property if two-thirds of the members believe this is whats right for their church? The Society and the ELCA share a common faith. We have no inherent theological reason to insist that churches and church properties must remain in the PC(USA). for the use and benefit of the Presbyterian Church (U.S.A.) (Book of Order, G-8.0201). Ironically, or perhaps providentially, as I was working on this blog post today, I received an email from someone in the Presbytery of the Mid-South (covering parts of Tennessee, Arkansas, and Missouri). Walking the second mile is pretty foolish. (Photo: The breastplate of Augustus, from the statue of Augustus found at Prima Porta.). The resolution doesnt mince words when it affirms that trying to exercise this responsibility and power [for congregations leaving the denomination] through litigation is deadly to the cause of Christ. This is because Scripture and the Holy Spirit require a gracious witness from us rather than a harsh legalism. So the process when congregations consider leaving should be open so as to work against seeking civil litigation as a solution.. Conservative Anglicans who broke away from the Episcopal Church say they won't stop fighting to keep their buildingseven though the U.S. Supreme Court won't hear their case. I wonder if wed continue on this path if we realized how many people were chasing away from Christ by our lawsuits and petty in-fighting. Hell become a key leader in our Purpose-Driven ministry. The states high court ruled that those 15 churches had not created a trust in favor of the national church and therefore could keep their real estate. And, in time, God brought new leaders and contributors to the Irvine church. Liberated by our faith, we embrace you as a whole person--questions, complexities and all. Sometimes this happens. But Ive worn similar shoes, and found that sometimes its right to walk the second mile in them as people leave my ministry for another. In baptism, we are brought into a covenantal relationship with Jesus Christ that commits us to strive for justice and peace in all the earth. After all, they believe, rightly, that the Constitution of the PC(USA) states that all church property is held in trust . Austell posted his testimony on his website: Brothers and Sisters, please vote no on this motion. It is a hard- copy record and should be kept in a fire-proof safe. Because the resolution was amended so that the funding for the lawsuits would come from special gifts only, the resolution lost its teeth. Biblical truth should be foundational. Again, I get what the Book of Order is trying to do. If local zoning laws are violated, the owner of the property, as well as the lessee of the property may be liable. Why not rather be wronged? Biblical Basics for Christian Community, Are the New Testament Gospels Reliable? I cant offer the sort of wisdom one would receive from someone who has been down this road before. Yes, of course this is obvious, but it needs to be said . Theres a lot of wisdom in this paper, both with respect to process and concerning specific issues that congregations might forget (like legal matters, insurance, etc.). Some will stay with their churches, or course, even though they'd prefer to remain in the PC(USA). So lets suppose that a congregation has gone through an appropriate process and has voted by a strong margin (more than two-thirds) to ask the presbytery to dismiss it to another denomination. . What if it was actually better for some congregation to be allied with another denomination? Hmmm. What would a grace-filled presbytery action look like? Let me add a couple of technical notes. Even so, it seems to me that it would be right, at least in some cases, for churches to compensate their presbyteries financially if they leave with their property. And selling church property, or redeveloping church property, is never ever a simple matter, he added. ELCA Financial Report for third quarter 2016. . All church property belongs truly and ultimately to him, to be used for his purposes. If a PC(USA) congregation votes to leave the denomination, it should be aware that its presbytery, with the approval of the General Assembly, will try to keep church property and will be prepared to go to court to ensure this result. I believe that denominations should exist for the sake of their particular churches, not the other way around. Therefore, if a church does whats right by communicating directly with its presbytery, I believe that God will be honored by that action, and will find ways to bless the church, even if presbytery leaders are unwilling to respond graciously. I will not use your e-mail for any other purpose. But I believe that sometimes (often?) Evangelical Lutheran Education Association, Ethnic Specific and Multicultural Ministries, Lutheran Immigration and Refugee Services, Things to consider before renting or leasing the church building. But the PC(USA) does not insist that, as a pastor in the denomination, I can never move to another denomination and maintain my ordination. It reminds me a little of that impractical parable Jesus told of the Prodigal Son and his Prodigal Father. A. . Wouldnt this be a win-win solution? What if Christ, for his purposes and in his wisdom, actually wanted a PC(USA) church to join another denomination? Yes, because the work of the kingdom is hampered. Permalink for this post / Permalink for this series. (When I say congregation, I mean especially the leaders of the congregation, including elders, deacons, and pastors.). But his delight disappeared when the director starting talking about breaking off the group and starting a new church, not a PC(USA) church, I might add. Yet what the PC(USA) looks like in the future or even whether there is a PC(USA) is not the main point. And being found in human form, In what Rev. The presbytery is constitutionally compelled to do whats best for its congregations and their mission, and I dont see where this responsibility ends just because a congregation moves to another limb of Christs body. I get back to heavy lifting when the week starts. But almost everyone who studies church life today concludes that the age of denominationalism has passed. Coulter says that the presbytery is trying to find an appropriate balance between our constitutional responsibilities . Will we rest secure in the knowledge that we belong to Christ our Savior? That Jesus, he always had crazy ideas, like turning the other cheek and walking the second mile and giving up your life for others. Literally . Talk about church property! Moreover, Christ has the authority to call, and to use the Church as he wills for the purpose of the establishment and extension of his Kingdom. If this is true, then I wonder: Arent we compelled to say that all church property exists, ultimately and most truly, for the use and benefit of Jesus Christ and his kingdom? The pastor tried to walk the second mile with this director and the young adult group. Denominational finances would be in shambles. Sixth, the discernment process should be loving. Tomorrow Ill say a bit more about this. Those would believe they know that Gods answer will be in advance would do well to publicly surrender their agendas and desires to Gods gracious sovereignty. This is especially true when churches feel threatened by denominational bodies, as is often the case in the PC(USA), and for good reason. But future partnerships will be less and less rigid and institutional, and more and more flexible and organic . I added that the congregation should consider contributing financially to the presbytery it is leaving. There is a place for you among our nearly 10,000 congregations across the United States, Puerto Rico and the U.S. Virgin Islands Martin Luther was eight years old when Christopher Columbus set sail from Europe and landed in the Western Hemisphere. Do you not know that the saints will judge the world? The next day we vote that such litigation is deadly to the cause of Christ. I wonder how much longer the PC(USA) will continue to affirm and do that which hurts the cause of Christ. U. S. in reality the true legal owners of the church property or does it legally belong to Presbytery, Synod, or to the General Assem?ly of the denomination known as the Presbytenan Church in the United States? From this $2,000,000 the Presbytery of Northern New England would receive $185,000. 4. With all of these, take the shield of faith, with which you will be able to quench all the flaming arrows of the evil one. . Or will we put our trust primarily in ourselves? Now on to the next steps. Christ Gives the Church Its Faith and Life. On another occasion, another leader in the church met with me to announce that he and his family were leaving. For one thing, when a church leaves the denomination, this will cost the presbytery the loss of the churchs per capita contribution to the presbytery. If the church does not appeal and pays what the presbytery demands, it owns the property and the presbytery has a whole lot of money. This was last a Methodist church. If keeping the property will help Kirk of the Hills in worship, ministry, and mission, then how could the presbytery think its right to evict them? On the other hand, the process should include ample study of biblical passages relevant to the issue(s) at hand. At times he became a trusted advisor to me. They were central leaders in the congregation, arguably the most influential. Risk Management, Loss Prevention and Insurance. That reminds me of something someone said about treating others the way you want to be treated. . In some cases it might be. Thats their primary purpose. Property Matters Buildings and Property Issues Members of the congregation are frequently faced with legal questions when they are required to consider issues related to the structure or use of their building. Like many other churches, St. Lukes church body has shrunk over the years. Or are we certain that in every case the best thing for a congregation and for the kingdom of God is for church property to remain in the PC(USA)? In the next item of business, we authorized $2,000,000 for lawsuits.
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who owns elca church property
