Photo Scanner: Property Ownership Search

Saturday, 10 November 2012

Property Ownership Search

In the event of a congregational split, dissolution (closing), or disassociation from the PC(USA), the presbytery may assert a claim to the property. State law (which varies) determines the ownership of property despite the denomination's property clause in the Book of Order. This clause does not prevent particular churches from leaving the denomination, but if they do, they may not be entitled to any physical assets of that congregation unless by agreement with the presbytery. Recently this provision has been vigorously tested in courts of law. Despite the historically connectional structure of Presbyterianism, this issue is, surprisingly, relatively new. Until recently the "connection" referred to doctrinal coherence and had no reference to physical property. In 1981, UPCUSA leaders persuaded the General Assembly to amend the Book of Order in order to add the "property trust" elements. The denomination did this in reaction to three developments over the previous decade.