2016 Wesleyan Discipline:E. Local Church Rights to Property

E. Rights to 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.

4790. An existing local church that joins The Wesleyan Church with church facilities and/or other properties deeded in the name of their church will have up to ten years to transfer all properties into the name of The Wesleyan Church. At the time of the transfer, all written instruments of conveyance by which property is held shall contain the trust clause in 2016 Wesleyan Discipline:4610. If, during this ten-year period of time, the church acquires property or borrows funds needing a loan guarantee from their district, the church will at that time transfer all properties into the name of The Wesleyan Church, and all written instruments of conveyance by which property is held shall contain the trust clause. If the church fails to transfer all properties (containing the trust clause) into The Wesleyan Church within the ten-year period of time, the church’s relationship with The Wesleyan Church would be subject to review.