Saturday, October 27, 2007

Who Owns Episcopal Church Properties?

http://www.virtueonline.org/portal/modules/news/article.php?storyid=6961

[VirtueOnline] 27 Oct 2007--It is axiomatic thinking according to liberal and revisionist bishops that parish properties are held in trust for the diocese and the national church. This does not, however, include diocesan properties.

This was reiterated recently by evangelical bishop John W. Howe of Central Florida. This is what he wrote to his parish priests, many of whom are seeking to leave the diocese and The Episcopal Church. "...the Diocese is bound to work within the Constitution and Canons of The Episcopal Church which state that a Parish holds in trust all real and personal property for the benefit of the Diocese and The Episcopal Church. We have a solemn responsibility to protect the interests of the Diocese and the larger church," he wrote.

For the most part, dioceses who have sued orthodox parish priests and vestries to retain the properties have been successful. A number of parishes in the Diocese of California have been more successful because of state laws favoring the local parish. But that is still an open question as these liberal diocesan bishops repeatedly counter-sue in state courts to "recover" the properties that say rightly belong to them even though, in most cases, they did not put a dime into their construction. Most parishes in the U.S. were built by parishioners. If it wasn't for the Dennis Canon they would, in all probability, retain the right of ownership to this day. Furthermore there is a serious question as to whether the Dennis Canon was validly adopted.

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