347 – Acquiring and Holding of Church Property

SEMESTER 3

347 – Acquiring and Holding of Church Property

BIBLE INSTITUTE OF CORRESPONDENCE

COURSE: ECCLESIOLOGY III LESSON # 47
ACQUIRING AND HOLDING OF CHURCH PROPERTY

Read I Cor. 14:40, II Cor. 8:20-21.

INTRODUCTION:

1. It is obvious that neither of these Scriptures, and so far as I know, no other one deals directly with the subject at hand.
2. The principle set forth in them does, however, apply perfectly to our subject.
3. We shall, by these principles, try to set forth some honest and proper format for the acquisition and ownership of the church’s physical properties.

I. PROBLEMS THAT HAVE ARISEN AND CAN ARISE

1. No one is genuinely responsible or in charge, thus the property deteriorates and depreciates, and is lost through waste.
2. Through legal carelessness or ignorance, becomes the property of the heirs of a previous land donor.
3. Through incomplete or ambiguous bylaws, it becomes the property of intruding groups, who hold other doctrines.
4. Is controlled by and/or disposed of by unscrupulous officers in the church.
5. Is owned by, controlled by, or disposed of by an unscrupulous pastor.
6. It becomes the property of a convention or association, contrary to the will or knowledge of a consistent membership.
7. Because its purpose is not clearly defined or obeyed, it is taxed, defaults in taxes, and is confiscated by the government.
8. As usage subsides, items of furniture, appliances, musical instruments, etc., are diverted to personal, secular or contrary use.
9. The usage of it deteriorates, and the property becomes the loot of remaining members who may have so designed it.

II. WHY DOES THIS REALLY MATTER?

In most of the above cases, the property’s use has either greatly diminished or ceased, so we might ask what difference does it make?

1. People, now dead, have committed funds (often much) to the trust of this church for a certain purpose, well defined by doctrine.
2. The property is purchased by tax free money, thus diversion to personal use, at any time, is unchristian and dishonest.
3. Above all, the property has been purchased with tithes and offerings (money sanctified to divine use), and therefore may never be rightly diverted back to secular use.
4. Practically speaking, there are always sacred endeavors of like faith and order which can and will use the property for sacred purposes.

Conclusion: Therefore, every church has a sacred responsibility, not only to use the property held in its trust properly, but to provide for its future use if that congrega­tion ceases to exist.

III. HOW MAY THIS BE EFFECTED?

1. Provide bylaws which put in identified print the church’s design and the intent of the congregation.
2. Teach, use and refer to the constitution and bylaws of the church often enough that everyone is aware of the constraint and protection they afford.
3. Be sure the property of the church is legally owned, and the title held by the church, and not an individual or group therein.
4. In many states incorporation is a good move, but in light of changing laws, interpretations and government intervention, this should be carefully investigat­ed.
5. Elect trustees (they are lawful representatives) to execute the church’s purpose concerning property, who are recognized as corporate officers in most state.
6. Do not give them power to negotiate or execute any transaction without the vote of the congregation, and that after discussion and assurance that the proposed transaction is understood.
7. Re-elect them annually, so they cannot usurp power, or forbid investigation into their past actions.
8. Enter a clause in your constitution and bylaws, which forces the property to be placed in the hands of a church of like faith and order, in the event of disbandment.
9. Provide a safe place, either on church property, or on public property, such as a safe-deposit box in the bank, for storage of legal records. Do not allow an individual to retain the legal, or financial documents on private property.

Conclusion: This is not an unbreakable code of protection: there is none, but it is a good structure which will keep most churches from loosing their physical properties to unscrupulous men.