Resolution Number: 1979-D024
Title: Amend Canon I.6 [Of Business Methods in Church Affairs] and Canon II.7 [Of Church Property]
Legislative Action Taken: Concurred As Amended
Final Text:

Resolved, That Title I, Canon 6 of the Canons of the Episcopal Church, be amended to add a Section 4 as follows:

Sec. 4. All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which such Parish, Mission or Congregation is located. The existence of this trust, however, shall in no way limit the power and authority of the Parish, Mission or Congregation otherwise existing over such property so long as the particular Parish, Mission or Congregation remains a part of, and subject to, this Church and its Constitution and Canons ; and be it further

Resolved, That Title I, Canon 6 be amended to add a Section 5 as follows:

Sec. 5. The several Dioceses may, at their election, further confirm the trust declared under the foregoing Section 4 by appropriate action, but no such action shall be necessary for the existence and validity of the trust ; and be it further

Resolved, That Title II, Canon 7 be amended to add a new Section 3 as follows:

Sec. 3. Any dedicated and consecrated Church or Chapel shall be subject to the trust declared with respect to real and personal property held by any Parish, Mission, or Congregation, as set forth in Section 4 of Title I, Canon 6 ; and be it further

Resolved, That this resolution shall be effective upon enactment

Citation: General Convention, Journal of the General Convention of...The Episcopal Church, Denver, 1979 (New York: General Convention, 1980), p. D-154.

Legislative History

Author:
Originating House: House of Bishops
Originating Committee: Committee on Canons

House of Bishops

Original Text of Resolution:

(D024)

Resolved, the House of Deputies concurring, That Title I, Canon 6 of the Canons of the Episcopal Church, be amended to add a Section 4 as follows:

Sec. 4. All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which such Parish, Mission on Congregation is located. The existence of this trust, however, shall in no way limit the power and authority of the Parish, Mission or Congregation otherwise existing over such property so long as the particular Parish, Mission or Congregation remains a part of, and subject to, this Church and its Constitution and Canons; and be it further

Resolved, That Title I, Canon 6 be amended to add a Section 5 as follows:

Sec. 5. The several Dioceses may, at their election, further confirm the trust declared under the foregoing Section 4 by appropriate action, but no such action shall be necessary for the existence and validity of the trust; and be it further

Resolved, That Title II, Canon 7 be amended by adding a new Section 3, reading as follows:

Sec. 3. Any dedicated and consecrated Church or Chapel shall be subject to the trust declared with respect to real and personal property held by any Parish, Mission, or Congregation, as set forth in Section 4 of Title I, Canon 6.

The Bishop of Kentucky moved that the Resolution be amended to make the Resolution effective upon enactment.

The motion was seconded by the Bishop of Arizona.

Motion carried

Resolution adopted with amendment

(Communicated to the House of Deputies in HB Messages # 75 & 76)

House of Deputies

The Committee on Canons presented its Report #32 on Resolution D-24, and recommended concurrence with House of Bishops Messages #75 and #76.

Motion carried

The House concurred

Resolution Concurred by Both Houses, September 19.

Abstract:   The 66th General Convention amends Canons Title I.6 and Title II.7 to declare that all real and personal property held by or for the benefit of any congregation is held in trust for this Church and the Diocese in which it is located.
Notes:  

Resolution 1979-D024 was presented and considered in two parts in the orginating House. The first two resolve clauses were adopted and sent to the House of Deputies as HB Message #76, and the third resolve clause was adopted separately and sent to the House of Deputies as HB Message #75.