Report of the Property Study Committee

to the Executive Leadership Team

March 10, 2003

The Property Study Committee established the following rationale to help formulate our recommendations:

1. Historically, the rationale for the protection of property ownership for the denomination was put forth in a time when our pastors were more itinerant than now. There was a need for the denomination to have legal means to protect the use of the property for the purposes for which it was given or established.
2. Because of our connectional nature, all the assets of the denomination are vulnerable to a major lawsuit. Therefore, if someone even in another church is found guilty, and a major lawsuit ensues, any of our churches could be sold to satisfy the suit. While this may not fully protect us, it will make it slightly more difficult for this to happen.
3. Morally, the local people have paid for the facility and should they chose for purposes of conviction to withdraw from the denomination, they should be given the property they have paid for if they follow proper procedure.
4. Varying states follow the money trail rather than a connectional trail for property ownership, thereby making our statement irrelevant. Others will use the statement as a protection.
5. Most of our lay people already believe that each local church does own its property. We are deceiving them, in one sense. This belief can hinder greater investment in the local property if it is known that the denomination is the true owner.
6. Holding the hammer of property ownership over the heads of churches is not a good means to keep people with us.
7. If an effective process for withdrawal from the denomination is put in place, the original concerns for the denomination are covered, while the ownership of the local church is also protected.

The Property Study Committee recommends the following wording for Article III, Property in the Constitution of the Church of the United Brethren in Christ, USA:

Article III, Property

1. Local Church Property

The right, title, interest, and claim of all property, whether consisting in lots of ground, meeting houses, legacies, bequests, or donations of any kind, obtained by purchase or otherwise, by any person or persons, for the use, benefit, and behoof of the local Church of the United Brethren in Christ, USA, is hereby fully recognized and held to be the property of the local church of aforesaid.

2. Annual Conference Property:

The right, title, interest, and claim of all conference property, legacies, bequests, or donations of any kind, obtained by purchase or otherwise, by any person or persons, for the use, benefit, and behoof of the said annual conference of the Church of the United Brethren in Christ, USA, is hereby fully recognized and held to be the property of the aforesaid conference.

3. Denominational Property:

The right, title, interest, and claim of all denominational property, including Huntington University, legacies, bequests, or donations of any kind, obtained by purchase or otherwise, by any person or persons, for the use, benefit, and behoof of the US National Conference, Church of the United Brethren in Christ, and/or Huntington University, is hereby fully recognized and held to be the property of the US National Conference, Church of the United Brethren in Christ.

The Property Study Committee recommends that Chapter 37 of the Discipline titled Property be worded as follows:

According to the UB Constitution, all church property titled by the local church is considered as belonging to the local church. All real property owned by an annual conference or the national conference is considered to be held in trust for the Church of the United Brethren in Christ, USA.

Procedure to be followed for Withdrawal

The proposal to withdraw must be voted on at a congregational meeting for which members have been notified in writing at least thirty days prior to the called meeting. This notification shall be sent by Certified Mail.

The notification must state the purpose for the meeting, and a copy of the notification must be sent to the conference superintendent and the US Bishop.

The vote to withdraw must be approved by a 2/3 vote of the members present at the called meeting.

Following the vote, the superintendent and the US Bishop must be notified in writing if they are not present at the meeting where the vote was taken.

If the church has received any appropriations or funds from the annual conference or the denomination within the previous ten years, all of those funds must be repaid prior to withdrawing from the denomination.

Should a local church fail to follow these established procedures for withdrawal from the denomination, the property will still be considered to be held in trust for the Church of the United Brethren in Christ, USA.

Property Reverting to the Annual Conference and/or the US National Conference, Church of the United Brethren in Christ, USA:

When property reverts to the conference or denomination, the conference or denomination may do any of the following:

1. Donate or sell it back to the congregation, if still in existence, according to a mutual agreement of understanding.
2. Restart the congregation or start a new congregation in the same community.
3. Sell the property to an outside interest and use the funds for ministries within the Church of the United Brethren in Christ, USA.
4. If the property is owned by the conference or the denomination, then the conference or denomination can transfer the property to the local church and request a lien representing the funds the conference or denomination has invested in the property.

Respectfully submitted,

Paul Hirschy, chairperson
Patrick Jones
Michael Caley
Robert Salsbury
Fred Schweikhardt
Paul Moyer