2016 Wesleyan Discipline: 4700
From Wesleyan Discipline
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.