Difference between revisions of "2016 Wesleyan Discipline:4590-4880"

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F. Trust Clause and Release Therefrom

4590. All property, whether real, personal or mixed, acquired by any local church, circuit, district, institution, agency or other similar body of The Wesleyan Church, whether incorporated or unincorporated, shall be held in trust for The Wesleyan Church, incorporated as The Wesleyan Church Corporation under the laws of the state of Indiana, and shall contain the trust clause as set forth in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:315:6; 2016 Wesleyan Discipline:323:8). The absence of the trust clause in the evidence of the title or other written instruments, regardless of whether such absence is due to mistake, inadvertence or willful omission, shall in no way exclude a local church, circuit, district, institution, agency or similar body, whether incorporated or unincorporated, from or relieve it of its responsibility to The Wesleyan Church and subjection to the authority of said Church, and such property can only be sold, transferred or otherwise disposed of in accord with the provisions of The Discipline, concerning the sale, transfer or encumbrance of property.

(1) For property in developing districts see 2016 Wesleyan Discipline:542; 2016 Wesleyan Discipline:4650; 2016 Wesleyan Discipline:4800; 2016 Wesleyan Discipline:4920; cf. 2016 Wesleyan Discipline:4200–4260; 2016 Wesleyan Discipline:4500–4630.
(2) For property in provisional districts see 2016 Wesleyan Discipline:1025:3; 2016 Wesleyan Discipline:1030:1, 3; 2016 Wesleyan Discipline:4650; 2016 Wesleyan Discipline:4810–4820; cf. 2016 Wesleyan Discipline:4200–4260; 2016 Wesleyan Discipline:4500–4630.
(3) For local property in established districts see 2016 Wesleyan Discipline:510:4; 2016 Wesleyan Discipline:518:4; 2016 Wesleyan Discipline:528:5; 2016 Wesleyan Discipline:655:13–14; 2016 Wesleyan Discipline:725:24–25; 2016 Wesleyan Discipline:782:27–31; 2016 Wesleyan Discipline:850–859; 2016 Wesleyan Discipline:1038:3; 2016 Wesleyan Discipline:1180:21–22; 2016 Wesleyan Discipline:1233:14–15; 2016 Wesleyan Discipline:1310:13; 2016 Wesleyan Discipline:1345; 2016 Wesleyan Discipline:1360–1365; 2016 Wesleyan Discipline:4000–4070; 2016 Wesleyan Discipline:4100–4150; 2016 Wesleyan Discipline:4500–4630; 2016 Wesleyan Discipline:4660–4780; cf. 2016 Wesleyan Discipline:4250–4260; 2016 Wesleyan Discipline:4830–4880.
(4) For district property in established districts see 2016 Wesleyan Discipline:1038:3; 2016 Wesleyan Discipline:1180:21–22; 2016 Wesleyan Discipline:1233:14–15; 2016 Wesleyan Discipline:1310:13; 2016 Wesleyan Discipline:1345; 2016 Wesleyan Discipline:1360–1365; 2016 Wesleyan Discipline:4100–4150; 2016 Wesleyan Discipline:4250–4260; 2016 Wesleyan Discipline:4500–4630; 2016 Wesleyan Discipline:4830–4880.
(5) For General Church property see 2016 Wesleyan Discipline:4200–4270; 2016 Wesleyan Discipline:4500–4630; 2016 Wesleyan Discipline:4900–4940; cf. 2016 Wesleyan Discipline:475.
(6) For property of a general educational institution see 2016 Wesleyan Discipline:4500–4630; cf. 2016 Wesleyan Discipline:2362; 2016 Wesleyan Discipline:4250–4260.
(7) For property of a subsidiary corporation, board or institution, other than a general educational institution see 2016 Wesleyan Discipline:4300–4370; 2016 Wesleyan Discipline:4500–4630; cf. 2016 Wesleyan Discipline:4250–4260.

4610. Trust Clause. All titles, deeds, and other written instruments for the conveyance of property to or for The Wesleyan Church as set forth in 2016 Wesleyan Discipline:4590 shall contain the following trust clause:

In trust for the use and benefit of the ministry and members of The Wesleyan Church, incorporated under the laws of the state of Indiana as The Wesleyan Church Corporation, subject to The Discipline, regulations, and appointments of said Church as from time to time legislated and declared.

4620. Real property acquired by a conveyance containing the foregoing trust clause in 2016 Wesleyan Discipline:4610 may be sold in conformity with the provisions of The Discipline, and when such provisions have been complied with, the real property so sold or conveyed shall be released from the foregoing trust clause, and the trustees enabled to give a good and sufficient deed (cf. [[2016 Wesleyan Discipline:[4690:1]]).

4630. Real property acquired by a conveyance containing the foregoing trust clause in 2016 Wesleyan Discipline:4610 may be mortgaged or otherwise encumbered in conformity with the provisions of The Discipline, and when such provisions have been complied with, the foregoing trust clause shall be subordinated to the mortgage lien (cf. 2016 Wesleyan Discipline:4690:2).

A. Developing Church Property

4650. Developing District and Provisional District. Developing churches within the bounds of a developing district or provisional district shall be under the jurisdiction of the Church Multiplication and Discipleship Division as set forth in 2016 Wesleyan Discipline:4800 and 2016 Wesleyan Discipline:4810–4820.

4660. District. The regulations concerning property for a developing church within the bounds of an established district are:

(1) The district board of administration shall be vested with power and authority to purchase, manage, sell, encumber, transfer, and dispose of any and all property of a developing church, whether real, personal or mixed (2016 Wesleyan Discipline:510:4; 2016 Wesleyan Discipline:1233:13–14), and shall direct the pastor and the local advisory council concerning the same in keeping with The Discipline (2016 Wesleyan Discipline:1233:1, 31).
(2) The pastor and local advisory council of a developing church shall be responsible to supervise, control, and maintain the property under their care as directed by the district superintendent and the district board of administration (2016 Wesleyan Discipline:510:3–4; 2016 Wesleyan Discipline:1233:1, 31).
(3) All property of a developing church shall be held by the district in trust for the use and benefit of the members and ministers of The Wesleyan Church as required in 2016 Wesleyan Discipline:323:8 and shall contain the trust clause as given in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:4140; 2016 Wesleyan Discipline:4590–4630; 2016 Wesleyan Discipline:4830).
(4) Whenever a developing church has been organized as an established church (2016 Wesleyan Discipline:518–520), the district board of trustees may transfer the property to the local board of trustees as set forth in 2016 Wesleyan Discipline:4680, provided that the property is free of debt.

4670. Reclassification. Whenever an established church is reclassified as a developing church as set forth in 2016 Wesleyan Discipline:518:5; 2016 Wesleyan Discipline:1180:24; and 2016 Wesleyan Discipline:1233:30, the office of the members of the local board of administration and the local board of trustees shall thereupon cease (2016 Wesleyan Discipline:859:5) and the district board of administration shall be responsible for the property as set forth in 2016 Wesleyan Discipline:4660:1–4 (cf. 2016 Wesleyan Discipline:510:4). Whenever the property of such a church has been held by the local trustees, it shall be conveyed or transferred to the district to be held as set forth in 2016 Wesleyan Discipline:4830 (cf. 2016 Wesleyan Discipline:859:5).

B. Church Property

1. Ownership

4680. Local property within an established district may be held by the local church or by the district, as decided upon by the district conference (cf. 2016 Wesleyan Discipline:1180:21–22). In those districts where the local churches are to hold their own property, all grants, conveyances, devises, gifts, transfers, and assignments now owned or hereafter acquired of any property, real, personal or mixed, to or for any unincorporated local church or any organization, board or similar body connected thereto, shall be held by and/or conveyed to its duly elected board of trustees, and to their successors in office and their assigns, as the board of trustees of such local church, in trust for the benefit and use of the members and ministers of The Wesleyan Church, subject to its Discipline, regulations and appointments as from time to time legislated and declared and shall contain the appropriate trust clause as set forth in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:4590; 2016 Wesleyan Discipline:4620). An omission of the name of any or all of the trustees shall not render any instrument invalid. (The regulations for an incorporated local church are set forth in 2016 Wesleyan Discipline:4000–4070.) In those districts where the district is to hold local property (cf. 2016 Wesleyan Discipline:323:8), such local property shall be held as set forth in 2016 Wesleyan Discipline:4140 or 2016 Wesleyan Discipline:4830.

2. Trust Clause and Release Therefrom

4690. All written instruments of conveyance by which property is held or hereafter acquired by any local church, whether incorporated or unincorporated, shall contain the trust clause in 2016 Wesleyan Discipline:4610, and release therefrom shall be as follows:

(1) Whenever the real property of a local church acquired by a conveyance containing the trust clause as set forth in 2016 Wesleyan Discipline:4610 is sold in conformity with the provisions of The Discipline (2016 Wesleyan Discipline:4700–4720), the written approval of the district board of administration (2016 Wesleyan Discipline:4700:3) shall constitute a release and discharge of the real property so sold and conveyed from the trust clause (cf. 2016 Wesleyan Discipline:4620).
(2) Whenever the real property of a local church, acquired by a conveyance containing the trust clause in 2016 Wesleyan Discipline:4610, is mortgaged or encumbered as provided for in The Discipline (2016 Wesleyan Discipline:4700–4720), the written approval of the district board of administration for such mortgage or encumbrance (2016 Wesleyan Discipline:4700:3) shall constitute a formal recognition of the priority of such mortgage lien and the subordination of the trust clause thereto (cf. 2016 Wesleyan Discipline:4630).

3. Acquisition, Sale, Mortgage and Transfer of Property

4700. An unincorporated local church within an established district may acquire, purchase, sell, mortgage, transfer or otherwise dispose of real property in accord with the following authorization and conditions:

(1) A resolution authorizing such action shall be recommended by the local board of administration (2016 Wesleyan Discipline:782:32), and passed by the local church conference (2016 Wesleyan Discipline:655:13) by a majority of those present and voting, at any regular or special session duly called for such purpose, provided that notice of the intended action shall be given to the local church members by announcement from the pulpit in two regular services, the first of which shall be not less than one week before the date of the session of the local church conference at which the proposal shall be considered, and that notice shall also be given at least one week in advance in the church bulletin, when such is available, and that such other notice shall be given as may be required by local laws (cf. 2016 Wesleyan Discipline:633:1).
(2) The proposal shall be studied by the district building committee whenever it involves the purchase of property, the construction or remodeling of buildings or other work as set forth in 2016 Wesleyan Discipline:1345, and the written recommendation of the district building committee shall be forwarded to the district board of administration and the local church.
(3) The district board of administration, after receiving the recommendation of the district building committee, shall approve the proposal of the local church in writing and such approval shall be affixed to the written instrument involved (2016 Wesleyan Discipline:1233:33).
(4) The resolution authorizing such action shall direct that any contract, deed, bill of sale, mortgage or other necessary written instrument be executed by and on behalf of the local church by the proper officers of the local board of trustees, who thereupon shall be duly authorized to carry out the directions of the local church conference and the local board of administration in keeping with the requirements of The Discipline (cf. 2016 Wesleyan Discipline:850–859; 2016 Wesleyan Discipline:4500–4630; 2016 Wesleyan Discipline:4720); and any written instrument so executed shall be binding and effective as the action of the local church.
(5) The chair of the local board of trustees, or other designated trustee, shall submit all written instruments of conveyance and title for the acquisition of property to the district superintendent for approval as to their conformity with The Discipline as stated in 2016 Wesleyan Discipline:1310:13 and shall see that permanent legal and property records are properly stored as set forth in 2016 Wesleyan Discipline:4760.
(6) When real property is donated to a Wesleyan church for ministries or in a capital or fund raising campaign, and the donor’s intent is that the property be sold and the proceeds invested accordingly, the local board of administration shall have full power to authorize the reception and disposal of the property, subject to the express written approval of each transaction by the district superintendent.

4720. The proceeds from the sale of any real property of a local church whether incorporated or unincorporated, other than as provided for in 2016 Wesleyan Discipline:4700:6, shall be used for the purchase or improvement of property for that local church, unless otherwise authorized by the district board of administration (2016 Wesleyan Discipline:1233:33). In the event of a situation where two or more local churches have merged, proceeds from the sale of such property shall be used by the merged church unless otherwise authorized by the district board of administration. Whenever a local church does not wish to invest the money received as stated herewith, the money shall be forwarded to the district treasurer, and provided that all debts against such property being sold shall first be paid, it shall be used as ordered by the district conference or the district board of administration for the construction of churches or parsonages within the bounds of the district, for district property, or for purchase of property or construction of buildings involved in the planting of new churches. Such moneys may be used for other expenses involved in the planting of new churches only with the approval of the General Superintendent.

4725. From the sale, acquisition, or transfer of real properties that occur within its fiscal year, a district may choose to invest or contribute up to 5 percent from the net proceeds to assist in the development of a Wesleyan presence in another country where that district has a Global Partnership relationship. Or, a district may elect to contribute up to 5 percent from the sale, acquisition, or transfer of real properties to assist domestic Wesleyan compassionate ministries. The aggregate total of the district’s investment and/or contribution, whether internationally or domestically, cannot exceed 5 percent from the net proceeds of its transactions. The district board of administration must approve each investment and/or contribution with a two-thirds vote. Furthermore, each investment and/or contribution must have the written approval of the General Superintendent.

4728. Any district that chooses to exercise the provision of Discipline 2016 Wesleyan Discipline:4725 may make a lump sum investment and/or contribution under the conditions mentioned therein or it may make a series of smaller investments and/or contributions, so long as the aggregate total does not exceed 5 percent of the total proceeds from transactions as noted in Discipline 2016 Wesleyan Discipline:4725.

4. Abandoned Church Property

4730. When the property of a local church is no longer used, a local church may be declared by the district board of administration as discontinued or abandoned (2016 Wesleyan Discipline:1233:30) and the title shall thereupon 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). The district board of administration shall have the authority to order the sale of said property and to appropriate the proceeds for the purchase of property for a local church, for the construction of churches or parsonages within the bounds of the district, for district property, or for the purchase of property or construction of buildings involved in the planting of new churches. Such moneys may be used for other expense involved in the planting of new churches only with the approval of the General Superintendent. The actions of the district board of administration shall be reported to the next session of the district conference. Any bequests, devises, gift annuities or other benefits to a local church that accrue or become available after said church has been discontinued shall become the property of the district corporation (2016 Wesleyan Discipline:4100), or, in the case of an unincorporated district, shall become the property of the district board of trustees (2016 Wesleyan Discipline:4855).

4735. From the sale, acquisition, or transfer of real properties that occur within its fiscal year, a district may choose to invest or contribute up to 5 percent from the net proceeds to assist in the development of a Wesleyan presence in another country where that district has a Global Partnership relationship. Or, a district may elect to contribute up to 5 percent from the sale, acquisition, or transfer of real properties to assist domestic Wesleyan compassionate ministries. The aggregate total of the district’s investment and/or contribution, whether internationally or domestically, cannot exceed 5 percent from the net proceeds of its transactions. The district board of administration must approve each investment and/or contribution with a two-thirds vote. Furthermore, each investment and/or contribution must have the written approval of the General Superintendent.

4738. Any district that chooses to exercise the provision of Discipline 2016 Wesleyan Discipline:4735 may make a lump sum investment and/or contribution under the conditions mentioned therein or it may make a series of smaller investments and/or contributions, so long as the aggregate total does not exceed 5 percent of the total proceeds from transactions as noted in Discipline 2016 Wesleyan Discipline:4735.

C. Circuit Property

4740. The organization and government for a circuit within an established district are set forth in 2016 Wesleyan Discipline:525–535. The regulations concerning the acquisition, purchase, sale, encumbrance, transfer or other disposition of circuit property within an established district shall be the same as for local church property within the district as set forth in 2016 Wesleyan Discipline:4680 and 2016 Wesleyan Discipline:4700:1–5. The proceeds from the sale of circuit property shall also be disposed of in the same manner as the proceeds from the sale of local church property as set forth in 2016 Wesleyan Discipline:4720–4730. The circuit board of trustees shall carry such duties concerning circuit property as are required of a local church board of trustees (cf. 2016 Wesleyan Discipline:850–859) and shall be subject to the general regulations as set forth in 2016 Wesleyan Discipline:4500–4630.

4750. Whenever the discontinuance of a circuit shall be ordered by the district conference, or whenever a local church is separated from a circuit and established as a separate pastoral charge (2016 Wesleyan Discipline:1180:25), the district conference shall also order the sale or disposition of circuit property, for which a recommendation shall be received from the district board of administration (cf. 2016 Wesleyan Discipline:1233:10c). Each local church shall be entitled to receive its just share of the property in which it has invested funds; and the amount of such value and just share shall be determined by the district board of administration or a special committee appointed for that purpose.

D. Property Records

4760. All deeds, titles, and other legal or property records of each developing church, church or circuit within the bounds of the district shall be placed in the custody of the district superintendent (2016 Wesleyan Discipline:1310:13) who shall be responsible for their preservation and permanent filing as directed by the district board of administration (2016 Wesleyan Discipline:1233:16). The district superintendent may authorize a local church to retain such records when deemed necessary, in which case a certified or true copy shall be kept in the district files which are in the district superintendent’s custody.

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.

A. Developing District Property

4800. The regulations concerning property within the bounds of a developing district shall be set forth in the Policy of the General Board for the Church Multiplication and Discipleship Division in accord with the following:

(1) The authority for the purchase, sale, encumbrance, transfer or other disposal of real property within a developing district shall be vested in the General Board (cf. 2016 Wesleyan Discipline:1655:35; 2016 Wesleyan Discipline:4810).
(2) All property shall be held by and/or conveyed to The Wesleyan Church Corporation and shall be General Church property (2016 Wesleyan Discipline:4920), except when otherwise required by local laws or otherwise directed by the General Board (cf. 2016 Wesleyan Discipline:1655:39), in which case it shall be held in trust for the benefit and use of the members and ministers of The Wesleyan Church and shall contain the appropriate trust clause as set forth in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:4590–4630).
(3) The superintendent and any other workers of the developing district shall supervise, control, and maintain the property under their care in accord with The Discipline, the Policy of the General Board for the Church Multiplication and Discipleship Division, and other directives, and as supervised by the Executive Director of Church Multiplication and Discipleship.
(4) All legal and property records shall be in the custody of the Executive Director of Communication and Administration unless otherwise directed by the General Board, in which case certified or true copies shall be filed in the custody of the Executive Director of Communication and Administration.

B. Provisional District Property

4810. The regulations concerning property within the bounds of a provisional district shall be the same as for an established district, with the exception that the official actions of a provisional district are subject to the approval of the General Board (cf. 2016 Wesleyan Discipline:1020–1030), and that no property within a provisional district may be received, transferred, bought, leased or sold without the written permission of the Executive Director of Church Multiplication and Discipleship, and with the further exception that the General Board may give special directions as deemed necessary (cf. 2016 Wesleyan Discipline:1655:35).

4820. A provisional district may be incorporated when so recommended by the Executive Director of Church Multiplication and Discipleship and authorized by the General Board (2016 Wesleyan Discipline:1655:35) as set forth in 2016 Wesleyan Discipline:4100–4150.

C. District Property

1. Ownership

4830. Unincorporated District. Except when local laws shall otherwise require, all grants, conveyances, devises, gifts, transfers, and assignments, now owned or hereafter made, of any property, real, personal or mixed, to or for any unincorporated district or any organization, board or similar body connected thereto and for any local property held by such a district (2016 Wesleyan Discipline:4660; 2016 Wesleyan Discipline:4680), shall be held by and/or conveyed to its duly elected board of trustees (cf. 2016 Wesleyan Discipline:1360–1365; 2016 Wesleyan Discipline:4855), and to their successors in office and to their assigns, as the board of trustees, of said district, in trust for the benefit and use of the members and ministers of The Wesleyan Church and subject to its Discipline, regulations and appointments, as from time to time legislated and declared and shall contain the trust clause as set forth in 2016 Wesleyan Discipline:4610 (cf. 2016 Wesleyan Discipline:4590–4630). (The regulations for an incorporated district are set forth in 2016 Wesleyan Discipline:4100–4150.)

2. Management and Control

4840. The district board of administration shall have the following duties and powers concerning the district property and such local property as may be held by the district (2016 Wesleyan Discipline:4660; 2016 Wesleyan Discipline:4680):

(1) To carry out the directions of the district conference (2016 Wesleyan Discipline:1180:22; 2016 Wesleyan Discipline:1233:15), and, in the interim of its sessions, to have power to act on its own resolution to acquire, purchase, sell, exchange, mortgage, deed in trust, pledge, rent, lease, and convey any property, real, personal or mixed, as may be deemed necessary or convenient for the purpose of the district and so to order the district board of trustees (2016 Wesleyan Discipline:1360–1365; 2016 Wesleyan Discipline:4855), provided that in transactions concerning real property used for district purposes such as a district parsonage, headquarters or campground, the district board of administration shall consult with the General Superintendent (2016 Wesleyan Discipline:1935:36), and further provided that said district board of administration shall be subject to the general regulations concerning property as set forth in 2016 Wesleyan Discipline:4500–4630.
(2) To carry out the directions of the district conference (2016 Wesleyan Discipline:1180:22; 2016 Wesleyan Discipline:1233:15), and in the interim of its sessions, to direct the district board of trustees (2016 Wesleyan Discipline:1360–1365; 2016 Wesleyan Discipline:4855) concerning any and all donations, bequests, and devises of any kind or character, real or personal, that may be given, devised, bequeathed or conveyed to the district, or to the district board of trustees as such, for any benevolent, charitable or religious purpose, and to direct the board of trustees in the administration of such in accordance with the directions of the donor, trustor or testator, and in the interest of the church, institution, organization or agency contemplated by such donor, trustor or testator.
(3) To supervise, control and maintain all district property.
(4) To receive a report from the district building committee as set forth in 2016 Wesleyan Discipline:1345 and to approve in writing the proposal of a local church to acquire, purchase, encumber, sell, transfer or otherwise dispose of real property as set forth in 2016 Wesleyan Discipline:4040–4070 and 2016 Wesleyan Discipline:4700–4720.
(5) To act in regard to the disposition of the proceeds from the sale of local church or circuit property as set forth in 2016 Wesleyan Discipline:4720, and the discontinuance or disposal of abandoned property as set forth in 2016 Wesleyan Discipline:4730.
(6) When district property is sold, the district board of administration may approve the use of the proceeds from the sale of the property to fund ongoing ministries that previously took place on the property that was sold with written approval of the General Superintendent.
(7) To intervene and institute all necessary legal and equitable actions to safeguard and protect the rights and interests of the district and of The Wesleyan Church, including all matters relating to the property and rights to property, including any property held by a local church, circuit or other organization within the district, whether arising by gift, devise or otherwise, or where held in trust for the benefit and use of the members and ministers of the district and The Wesleyan Church (2016 Wesleyan Discipline:4770–4780).
(8) To direct the district superintendent in the care and preservation of all legal and property records for the local churches and the district (2016 Wesleyan Discipline:4760).

3. District Board of Trustees

4855. The district conference of each established district shall be incorporated or shall cause a corporation to be formed and maintained to facilitate the management of its legal and corporate affairs as set forth in 2016 Wesleyan Discipline:4100–4150. In places where local laws prohibit such incorporation, or where the local laws require property to be held by trustees, the district conference shall elect from among the members of the district board of administration the members of the district board of trustees in such number as desired (2016 Wesleyan Discipline:1180:22; cf. 2016 Wesleyan Discipline:1360–1365). The district trustees shall hold office as trustees until their term of office expires as members of the district board of administration and until their successors are qualified and elected. The district board of trustees shall be amenable to the district board of administration and shall hold all district property, and such local property as may be held by the district (cf. 2016 Wesleyan Discipline:4660; 2016 Wesleyan Discipline:4680), in trust for The Wesleyan Church as set forth in 2016 Wesleyan Discipline:4590–4610, shall attend to all legal matters pertaining to the district property and other business as directed, and shall carry out such transactions for the purchase, acquisition, sale, encumbrance, transfer or other disposal of district property as ordered by the district board of administration (2016 Wesleyan Discipline:4840). Whenever a trustee shall refuse to carry out the directions of the district board of administration, the trustee may be removed from office by a two-thirds vote of all the members of the district board of administration, who shall also fill the vacancy for the unexpired term (cf. 2016 Wesleyan Discipline:1233:28a; 2016 Wesleyan Discipline:1360).

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.