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March 2007

 
 

Church property—who owns it?

A Presbyterian congregation’s property is held in trust for the use and benefit of the whole denomination

By John Sniffen

As they watch Sunday morning sun shine through stained-glass windows dedicated to the memory of their church’s founders, congregation members may not be thinking about who owns the sanctuary and the land upon which it sits.

The congregation, through the session, holds the deeds, pays for the property’s upkeep and over the years has probably funded construction and improvements. Surely the congregation owns the property.

Yes and no.

While ownership in the traditional legal sense (the deed) often rests with the congregation, it holds the property in trust “for the use and benefit of” the whole denomination.

This policy is stated in what is referred to as the “trust clause” in the denomination’s Book of Order: “All property held by or for a particular church . . . is held in trust nevertheless for the use and benefit of the Presbyterian Church (U.S.A.)” (G-8.0201).

The theological underpinning for this policy is the Presbyterian emphasis on church connectionalism, the belief that we are much more powerful united than separate. (See “Our radically connectional church,” page 18.)

PCUSA property policy is based on belief in the importance of a unified body of Christ. But when there is turmoil that unity is sorely tested.

 

 
     
 

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