2013 New York Consolidated Laws
RCO - Religious Corporations
Article 18 - (336 - 352) CHURCHES OF THE BYELORUSSIAN AUTOCEPHALIC ORTHODOX CHURCH IN AMERICA
352 - Property of extinct churches.


NY Rel Corps L § 352 (2012) What's This?
 
    §  352.  Property  of  extinct  churches.  The diocesan council of the
  Byelorussian Autocephalic Orthodox Church in America may decide  that  a
  church  in  connection  with  it  or  over  which  it has ecclesiastical
  jurisdiction, and to  which  this  article  is  applicable,  has  become
  extinct,  if it has failed for two consecutive years next prior thereto,
  to maintain religious services according to the discipline, customs  and
  usages of the Byelorussian Autocephalic Orthodox Church, or has had less
  than   ten   resident   attending   members  making  annual  or  regular
  contributions towards its  support,  and  may  take  possession  of  the
  temporalities and property belonging to such church or parish and manage
  the  same;  or  may,  in  pursuance  of  the  provisions of this chapter
  relating to the disposition of real property sell or dispose of the same
  and apply the proceeds thereof to any  of  the  purposes  to  which  the
  property  of  such  diocesan council is devoted, and it shall not divert
  such property to any other object. For the purpose of obtaining a record
  title to the land and the church edifice, or other buildings thereon, by
  such diocesan council, the surviving trustee or trustees of said extinct
  church or if there be no surviving trustee, then a surviving  member  of
  said extinct church, may, without a consideration being paid therefor by
  such  diocesan  council,  convey  to it said land and church edifice, or
  other buildings thereon, subject, however, to an order of the supreme or
  county court based upon a petition reciting that said church has  become
  extinct; the name of its surviving trustee or trustees; and the names of
  its  members  (who  must  have given their consent to the making of said
  conveyance). Upon the recital of said facts in said petition, the  court
  shall have jurisdiction to grant an order allowing said conveyance to be
  made  without a consideration; and should there be no surviving members,
  as well as no surviving trustee of said extinct  church,  said  petition
  may  be  made by an officer of said diocesan council, in which event the
  court, upon the recital of said fact, shall have jurisdiction to appoint
  a suitable person as trustee for the purpose of making said conveyance.

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