In 1892, the Supreme Court ruled against the Free Methodist Church, in what became known as the Free Methodists vs. Smith case. The issue has become more important as the number of independent congregations and denominations has increased, since it can be argued that these are not really churches at all, but rather separate organizations with their own aims and objectives. But in any event there tend to be rules and exceptions that must be analyzed closely for alignment with your situation. 2016 UMC Book of Discipline, Sec. This article will provide an informational, factual overview of the issue, as well as some problems and debates that surround this topic. Typically, the right to ownership over all of these locations is held by the parent church (which is the oldest or largest location, and typically any admin or legal is organized here), or something such as a consolidated property holding company. For that reason civil courts are permitted to address such disputes, but the Religion Clauses in the U.S. Constitution severely circumscribe the role that civil courts may play in resolving church property disputes. In other words, courts may only go so far. It also manages the conference's headquarters and has mapped all 2,400 parcels of real estate in the conference -- a total of nearly 7,600 acres. That way, both can stay out of court regarding these issues. For example, a deed might state that this property is conveyed to First Assembly of God so long at is it used as an Assemblies of God church, but if it ceases to be used as an Assemblies of God church then ownership reverts to the Texas District Council. There are a variety of ways such clauses may be worded in the Deed and it is important for the church to understand such language. Third Party Website Links:This website may include links to other Internet sites that are beyond the control of Reynolds Law Group. /ModDate (D:20131017152019-04'00') In addition, the local church is to pay an amount equal to its pro rata share of any aggregate unfunded pension obligations to the annual conference. PDF FAQs Regarding Church and Conference Disaffiliations /Pages 3 0 R . The head of the church is usually responsible for making all decisions related to the church property and its use. This means that there is a wider question over who really owns a church building. Photography:Photographs depicting featured or sponsored events may contain pictures of individuals who are not lawyers or not employed by Reynolds Law Group. The court ruled that the Free Methodists had no claim to the property because they were not a part of the original group that bought the land for the church. Many deeds contain clauses that cause the churchs property to become the property of the denomination should the property no longer be used for denominational purposes.

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