2013 New York Consolidated Laws
RCO - Religious Corporations
Article 3-B - (50-AA - 50-MM) PARISHES OR CHURCHES OF THE HOLY ORTHODOX CHURCH IN AMERICA
50-MM - Transfer of property of extinct parishes and churches.


NY Rel Corps L § 50-MM (2012) What's This?
 
    §  50-mm.  Transfer  of property of extinct parishes and churches. The
  Metropolitan Synod Holy Orthodox Church in America  may  decide  that  a
  parish   or   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 such synod, 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
  synod  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 synod, 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 synod, 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
  synod,  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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