N.Y. RCO Law § 16 — New York Code / Act RCO / Article 2 / Section 16
Property of extinct churches
Status: in_force

§ 16. Property of extinct churches. Such incorporated governing body\nmay decide that a church, parish or society in connection with it or\nover which it has ecclesiastical jurisdiction, has become extinct, if it\nhas failed for two consecutive years next prior thereto, to maintain\nreligious service according to the discipline, customs and usages of\nsuch governing body, or has had less than thirteen resident attending\nmembers paying annual pew rent, or making annual contributions towards\nits support, or in case of a United Methodist church, if such action\nhave the consent of the presiding bishop and of a majority of the\ndistrict superintendents of the annual conference and of the district\nboard of church location and building of the district in which the\naction is contemplated, or in case of a parish of the Protestant\nEpiscopal Church, if such parish has ceased for two consecutive years\nnext prior thereto, to have a sufficient number of men qualified to\nelect or to serve as wardens and vestrymen therein, and may take\npossession of the temporalities and property belonging to such church,\nparish or religious society, and manage the same; or may, in pursuance\nof the provisions of law relating to the disposition of real property by\nreligious corporations, sell or dispose of the same and apply the\nproceeds thereof to any of the purposes to which the property of such\ngoverning religious body is devoted, and it shall not divert such\nproperty to any other object. And for the purpose of obtaining a record\ntitle to the land and the church edifice, or other buildings thereon, by\nsuch incorporated governing body, the surviving trustee or trustees of\nsaid extinct church, or if there be no surviving trustee then a\nsurviving member of said extinct church, may, without a consideration\nbeing paid therefor by such incorporated governing body, convey to it\nsaid land and church edifice, or other buildings thereon, subject,\nhowever, to an order of the supreme or county court based upon a\npetition reciting that said church has become extinct; the names of its\nsurviving trustee or trustees, and the names of its members, who must\nhave given their consent to the making of said conveyance. Upon the\nrecital of said facts in said petition the court shall have jurisdiction\nto grant an order allowing said conveyance to be made without a\nconsideration; and should there be no surviving members, as well as no\nsurviving trustees of said extinct church, said petition may be made by\nan officer of such incorporated governing body, in which event the\ncourt, upon a recital of said fact, shall have jurisdiction to appoint a\nsuitable person as trustee for the purpose of making said conveyance.\nAnd in case of a Reformed Church of America, Dutch Reformed Church, or\nReformed Dutch Church in the United States of America or the United\nReformed Dutch and Lutheran Church of America or a parish of the\nProtestant Episcopal Church, a Universalist Church or Society, an\nincorporated United Methodist Church, or an incorporated church of the\nUnited Church of Christ, or an incorporated Congregational Christian\nChurch, should either of such surviving members or such surviving\ntrustee of said extinct church refuse to act and sign said petition\nafter request by an officer of said governing body of said last-named\nchurches personally made by such officer, then said petition may be made\nby an officer of such incorporated governing body and in that event the\ncourt shall have jurisdiction and may appoint a suitable person as\ntrustee for the purpose of making said conveyance. And in the case of\nsaid last-named Reformed churches, or of a parish of the Protestant\nEpiscopal Church, a Universalist Church or Society, an incorporated\nUnited Methodist Church, or of an incorporated church of the United\nChurch of Christ or of an incorporated Congregational Christian Church,\nthe trustees of any such extinct church, the treasurer thereof or any\nperson acting in either of said capacities may be required to show cause\nbefore the supreme court at a special term thereof held in the judicial\ndistrict in which said church shall be located why they should not be\nrequired to give an account of all moneys and property of said church\nwhich they shall have in their hands or under their control and in case\nof their failure to show such causes they be required to account before\nsaid court for all the properties and moneys of the said church which\nshall be in their hands or under their control, and after the payment of\nall the claims against such church, if any, and the expenses of such\nproceeding, if it shall further appear that none of such property in the\nhands of said persons is required for the further support or maintenance\nof said church, said money and proceeds thereof shall be directed to be\npaid and turned over to said governing religious body to apply to the\npurposes to which the property of such governing body is devoted. An\napplication or such order to show cause shall be made by a verified\npetition, which petition may be made by said governing body of said\nchurch or any officer thereof. Where a proceeding is instituted under\nthis section for the sale of the real property of an extinct religious\ncorporation, a compliance with paragraphs five, six, seven and eight of\nsection five hundred eleven of the not-for-profit corporation law shall\nbe unnecessary, and such proceedings shall be in all respects valid\nwithout a compliance with said subdivisions. Any gift, legacy, devise,\nannuity, or other benefit to a United Methodist Church that accrues or\nbecomes available after said church has become extinct shall be and\nbecome the property of the trustees of the annual conference within\nwhose jurisdiction the said extinct church was located. Any gift,\nlegacy, devise, annuity or other benefit to a Universalist Church or\nSociety that accrues or becomes available after said church or society\nhas become extinct shall be and become the property of the New York\nState Convention of Universalists, as the governing religious body of\nevery active, extinct or disbanded Universalist church or society within\nthe bounds of the State of New York. The New York Conference of the\nUnited Church of Christ, Inc.  shall be deemed the governing religious\nbody of every extinct or disbanded church of the United Church of Christ\nand of any extinct or disbanded Congregational Christian Church which is\na member of the New York Conference of the United Church of Christ, Inc.\nwithin the meaning of this section. The provisions of this section shall\nnot apply to any Presbyterian church in connection with the General\nAssembly of the Presbyterian Church (U.S.A.).\n