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To: Timber Rattler
What state is involved? I am finding that state laws seem to be the biggest factors in determining whether property rights can be asserted by the local congregation - apparently irrespective of a clause suggesting otherwise from their book of church order (an ironic title, given the turmoil in that denomination).

In reading the BCO, however, I think the local congregation does indeed have a strong argument: there are clauses that make the local congregation responsible for buying, insuring, paying for, and maintaining property. However, paragraph G-4.02 is written contrary to this and declares that no matter who holds the mortgage - even if it is a corporation acting in the name of the local church body - the PCUSA claims is as being held "in trust" for their purposes. Nice to be able to claim something that they have no financial interest in. I suspect that this is counter to the corporate laws of most states, so a lawyer will be required to fight this battle -- for sure the national general assembly will want to fight it.

Also, there is a clause that the local church must get written permission from a presbytery before buying property. If this was never done, then I would expect that the national org would have even less of a claim.

Anyway, here is the BCO, for what it's worth.

10 posted on 05/08/2013 7:28:20 AM PDT by alancarp (Obama will grab your guns and ship them to Mexican drug mobs.)
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To: alancarp
What state is involved?

Virginia.

13 posted on 05/08/2013 7:50:13 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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