NY Rel Corps L § 17-C (2021)
2021 New York Laws RCO - Religious Corporations Article 2 - General Provisions 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.