2023 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.