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  1. Sep 29, 2020 · This blog focuses on protecting your church, clarifying issues around church property early, and maintaining appropriate policies regarding the church’s property. As stated above, a property dispute is the most likely reason a church will find itself in court.

    • 620 Cedar Road Chesapeake, VA, 23322 United States
    • (757) 219-2500
  2. Feb 7, 2020 · Church governance structure conforms to state incorporation law, and terms of incorporation law may determine what happens to church property in the event of dissolution or schism. How state law directs the incorporated management of property, then, can be of critical importance.

  3. In this chapter, we’ll take a look at additional examples of government regulation of church activities, and available exemptions from such laws. As you read the text, attempt to formulate a rule that will define those instances in which government regulation of church activities may be warranted.

  4. Jul 1, 2007 · A denominational agency (the "regional church") asked a court to declare that it was the lawful owner of the church's property including real estate, vehicles, investments, parishioner donations, furniture, ecclesiastical and sacramental items and church records and documents.

    • Zoning, Deed Restrictions, and Restrictive Covenants
    • Property Tax Exemption
    • Written Lease Agreement
    • Income Tax

    Before planning to rent its property, a church should investigate how its property can legally be used. Whether all or part of a church building can be rented to a tenant for a particular use may be affected by deed restrictions, restrictive covenants, and zoning regulations or other municipal ordinances that affect whether certain businesses can o...

    All states provide some form of property tax exemption for churches. Some states exempt only buildings used exclusively as places of worship. Leasing all or part of your church’s building may result in the church losing its property tax exemption on at least the portion of its property that is no longer being used for its ministry. This may be true...

    A successful landlord-tenant relationship begins with mutual expectations, which should be included in a written lease agreement. A lease is a legal document, and should be drafted by an experienced attorney that is hired by the church for this purpose. The attorney can advise the church on its rights under state and federal law to impose any parti...

    Know how the church’s rental income will be treated by federal and state taxing authorities to prevent costly penalties! Federal Income Tax Church settings are ordinarily exempt from federal income tax because they are 501(c)(3) organizations. But a church that engages in a trade or business that is regularly carried on and which is unrelated to it...

  5. Deeds to church property may contain restrictions on the sale or use of the property imposed by the prior owner. A recent ruling by a Texas court illustrates why it is important for church leaders to be familiar with any such restrictions prior to any changes involving church property, including a different type of use or a transfer of the ...

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  7. Seven state supreme courts – Alaska, Arkansas, Indiana, New Hampshire, Oregon, Pennsylvania, and Texas - and the federal Eighth Circuit Court have held that the local church retains ownership of the property unless a trust in favor of the national church is established under applicable state law.

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