N.Y. RCO Law § 17-C — New York Code / Act RCO / Article 2 / Section 17-C
Property of Lutheran congregations
Status: in_force

§ 17-c. Property of Lutheran congregations. 1. Congregations of the\nLutheran Church in America. The synod having jurisdiction over a\nparticular congregation of the Lutheran Church in America, may declare\ndefunct any congregation, belonging to the synod, which has disbanded,\nor has ceased or failed to maintain religious worship or services\naccording to the tenets and usages of the Lutheran Church, or whose\nmembership has so diminished in numbers as to render it impossible or\nimpracticable for such congregation to fulfill the purposes for which it\nwas organized or to protect its property from waste and deterioration,\nor having departed from membership in the Lutheran Church in America,\nwithout the consent of a convention of the synod.\n  Whenever the synod having jurisdiction over a particular congregation\nof the Lutheran Church in America, declares defunct the particular\ncongregation, upon petition to the supreme court, and upon satisfactory\nproof of the facts leading to said declaration, the court shall have\njurisdiction to grant an order to the effect that all property of\nwhatever kind which may have belonged to, or having been held by, said\ncongregation shall vest in the synod of jurisdiction in as full and\nample a manner as the same shall theretofore, have been vested in the\ncongregation so declared defunct.\n  The secretary of the synod of jurisdiction shall record in the office\nof the county clerk, in which the congregation is located, a certified\ncopy of the resolution of the synod, declaring such congregation defunct\nand the court order transferring the title of the congregation's\nproperty; and the recording of such resolution and court order shall be\nproof of the vesting of the title of the real property of such\ncongregation in the synod of jurisdiction.\n  2. Congregations of the Evangelical Lutheran Church in America. (a)\nThe relationship between a congregation of the Evangelical Lutheran\nchurch in America and the church may be terminated in one of the\nfollowing ways:\n  (i) The congregation takes action to dissolve;\n  (ii) The congregation ceases to exist;\n  (iii) The membership of the congregation becomes so scattered or\ndiminished in numbers as to make it impracticable for such congregation\nto fulfill the purposes for which it was organized. In such case, the\nsynod in order to protect the property from waste and deterioration,\nthrough the synod council or trustees appointed by it, may take charge\nand control of the property of the congregation to hold, manage, and\nconvey the same on behalf of the synod. The congregation shall have the\nright to appeal the decision to the synod assembly;\n  (iv) The congregation is no longer recognized by the church under the\ndisciplinary provisions of the Evangelical Lutheran Church in America;\nor\n  (v) The congregation terminates its relationship according to the\nprocedure outlined in paragraph (b) of this subdivision.\n  (b) A congregation may terminate its relationship with the church by\nthe following procedure:\n  (i) A resolution indicating desire to terminate its relationship must\nbe adopted at a legally called and conducted special meeting of the\ncongregation by a two-thirds majority of the voting members present;\n  (ii) The secretary of the congregation shall submit a copy of the\nresolution to the synodical bishop and shall mail a copy of the\nresolution to voting members of the congregation.  This notice shall be\nsubmitted within ten days after the resolution has been adopted;\n  (iii) The bishop of the synod shall consult with the congregation\nduring a period of at least ninety days;\n  (iv) If the congregation, after consultation, still desires to\nterminate its relationship, such action may be taken at a legally called\nand conducted special meeting of the congregation by a two-thirds\nmajority of the voting members present, at which meeting the synodical\nbishop or an authorized representative shall be present.  Notice of the\nmeeting shall be mailed to all voting members at least ten days in\nadvance of the meeting;\n  (v) A certified copy of the resolution to terminate its relationship\nshall be sent to the synodical bishop, at which time the relationship\nbetween the congregation and this church shall be terminated;\n  (vi) Notice of termination shall be forwarded by the synodical bishop\nto the secretary of the church and published in the periodical of the\nchurch; and\n  (vii) Congregations which had been members of the Lutheran Church in\nAmerica shall be required, in addition to the foregoing provisions, to\nreceive synodical approval before terminating their membership in the\nchurch.\n  (c) Subject to the provisions of the governing documents of\ncongregations recognized at the establishment of the Evangelical\nLutheran Church in America, the following shall govern the ownership of\nproperty by congregations of the Evangelical Lutheran Church in America:\n  (i) Title to property shall reside in the congregation.  The\ncongregation may dispose of its property as it determines, subject to\nany self-accepted indebtedness or other self-accepted restrictions;\n  (ii) Title to the undisposed property of a congregation that ceases to\nexist by virtue of subparagraph (i), (ii) or (iii) of paragraph (a) of\nthis subdivision, shall pass to the synod of this church to which the\ncongregation is related;\n  (iii) Title to the property of a congregation that is no longer\nrecognized by this church as a result of discipline shall continue to\nreside in the congregation;\n  (iv) Title to the property of a congregation that has acted to\nterminate its relationship with this church by the provisions of\nparagraph (b) of this subdivision and to relate to another Lutheran\nchurch body shall continue to reside in the congregation; and\n  (v) Title to the property of a congregation that has acted to\nterminate its relationship with this church by the provisions of\nparagraph (b) of this subdivision and to become independent or to relate\nto a non-Lutheran church body shall continue to reside in the\ncongregation only with the consent of the Synod Council. The Synod\nCouncil, after consultation with the congregation by an established\nsynodical process, may give approval to the request to become\nindependent or to relate to a non-Lutheran church body, in which case\ntitle shall remain with the majority of the congregation. If the Synod\nCouncil fails to give such approval, title shall remain with those\nmembers who desire to continue as a congregation of this church.\n