2016 Wesleyan Discipline:Rights of property

4770. The district board of administration, in the name of the district corporation (2016 Wesleyan Discipline:4100; cf. 2016 Wesleyan Discipline:4855), shall have the right to intervene or to institute any legal or equitable actions as may be deemed necessary against a local church or circuit within the bounds of the district to preserve the rights and interests of the district and The Wesleyan Church, in all matters relating to property and the rights to property within the bounds of the district, as set forth in the General Board Policy on Church Discipline (2016 Wesleyan Discipline:5305–5320), and as otherwise provided for in The Discipline. The General Board, in the name of The Wesleyan Church Corporation, shall also have the right to intervene and protect the rights and interests of The Wesleyan Church as set forth in 2016 Wesleyan Discipline:4250–4260. 4780. No local church may vote to withdraw as a body from The Wesleyan Church, or in any way sever its relation thereto, and no local church conference and/or local board of administration and/or local board of trustees can divert property from The Wesleyan Church (2016 Wesleyan Discipline:859:4; 2016 Wesleyan Discipline:4550). If any local church violates or in any way attempts to circumvent these provisions, then all rights, title, and interest in and to all real property of such local church shall thereupon immediately vest in the district corporation (2016 Wesleyan Discipline:4100) or in the district board of trustees in the case of an unincorporated district (2016 Wesleyan Discipline:4855); and all such property shall be vacated immediately by the offending party or parties. The district conference or, in the interim, the district board of administration shall have authority to deny the use of any such property to the offending party or parties and to order the immediate eviction of any such party or parties who do not comply therewith.

D. Rights

4870. A district, whether incorporated or unincorporated, that has been placed under discipline in accord with the procedures set forth in the General Board Policy on Church Discipline (2016 Wesleyan Discipline:5355–5370), and each local church within that district, shall be suspended from the right to acquire, purchase, sell, mortgage, transfer or otherwise dispose of any real property without the approval of the General Superintendent or general official appointed to have charge of the district (2016 Wesleyan Discipline:5365). Whenever a district is reorganized as set forth in 2016 Wesleyan Discipline:5375, the members and ministers affirming loyalty to The Wesleyan Church shall be and constitute the district and shall have the right to control and manage all district property as set forth in The Discipline.

4880. No district conference may vote to withdraw as a body from The Wesleyan Church, or in any way sever its relation thereto, and no district board and/or committee and/or board of trustees can divert property from The Wesleyan Church (2016 Wesleyan Discipline:4540–4550). Provided, however, that no sale, exchange, mortgage, deed in trust, pledge, lease, conveyance or other alienation of property, in whole or in part, whether such property is real, personal or mixed, as may be necessary or convenient for the purposes of the district, and when undertaken in accordance with the provisions and requirements of The Discipline, shall constitute a “diversion” of such property from The Wesleyan Church. If a district conference violates or in any way attempts to circumvent these provisions, then all right, title, and interest in and to all district real property shall thereupon immediately vest in The Wesleyan Church Corporation (2016 Wesleyan Discipline:4200–4270). The General Conference or, in the interim, the General Board shall have the authority to deny the use of any such property to the offending party or parties and to order the immediate eviction of any such party or parties who do not comply therewith from such property.