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What it means and how it works

The provisions of this chapter shall apply to all congregations of the
Presbyterian Church (U.S.A.) except that any congregation which was not subject to a similar provision of the constitution of the church of which it was a part, prior to the reunion of the Presbyterian Church in the United States and The United Presbyterian Church in the United
States of America to form the Presbyterian Church (U.S.A.), has been excused from that provision of this chapter if the congregation, within a period of eight years following the establishment of the Presbyterian
Church (U.S.A.), voted to be exempt from such provision in a regularly called meeting and thereafter notified the presbytery of which it was a constituent congregation of such vote. The congregation voting to be so exempt shall hold title to its property and exercise its privileges of incorporation and property ownership under the provisions of the
Constitution to which it was subject immediately prior to the establishment of the Presbyterian Church (U.S.A.). This paragraph may not be amended (G-6.05).
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* Book of Order, UPCUSA, 1982-83 Sec 72.00-.05:
• .02: All property held in trust for use and benefit of
UPCUSA
• .03: When property ceases to be used in accordance with Constitution, it shall be held by presbytery
• .04: When congregation is dissolved or become extinct, property shall be held or disposed of by presbytery
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• .05: Congregation may not sell, mortgage, or otherwise encumber property, nor lease property for more than five years, without presbytery approval

*
Book of Church Order, PCUS, 1982-83 – Chapter 6-1 – 6-10:
• 6-3: All property held in trust for use and benefit of PCUS
• 6-4: If a congregation is dissolved, seeks to withdraw, or otherwise ceases to exist, its property shall be within the control of the presbytery
• 6-5: If there is a schism within a congregation, the presbytery shall determine if one of the factions is entitled to the property as the true church; determination does not depend on majority vote.
• 6-8: Nothing in this chapter shall be construed to require a congregation to seek or obtain presbytery permission to buy, sell, or mortgage its property
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* “Articles of Agreement,” Plan for Reunion, 1981: Article 13:
• 13-1: Applies only to the reunion of the PCUS and UPCUSA and do not alter or nullify principles of ownership in antecedent churches
• 13-2: Following reunion, no congregations dismissed for 18 months
• 13-3: Provided process for seeking dismissal with property – if
2/3 of those present and voting request dismissal, congregation shall be dismissed and retain its property
• 13-4: Petitions for dismissal with property filed later than 8 years after reunion (i.e.,1993) shall be handled under appropriate provisions of the Form of Government
Current G-4.0208 appeared as G-8.0701 in first Book of Order of new PC(USA)
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All these provisions appeared in similar form in the
PCUS 1982-83 Book of Church Order:
* Property held in trust (6-3 and G-4.0203)
* Congregation dissolved or extinct (6-4 and G-4.0205)
* Congregation in schism (6-5 and G-4.0207)
All these provisions were in force in 1983 in the PCUS, and thus all former PCUS congregations are now subject to them.
ALL PC(USA) CONGREGATIONS, REGARDLESS OF
ANTECENDENT DENOMINATION, ARE SUBJECT TO THE
PROPERTY TRUST CLAUSE
*

*
Property used contrary to Constitution (although 6-4 did make reference to a congregation that
“function[s] as a member of the Presbyterian
Church in the United States” (G-4.0204)
* Requirement to obtain presbytery approval to buy, sell, mortgage, or otherwise encumber property, or to lease property for more than 5 years (1 year if property is worship space) (G-4.0206)
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* Must have applied within 8 years of reunion – i.e., 1993
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Request for excuse made in a regularly called congregational meeting
* Notified presbytery of results of congregational vote
* Presbyteries required to maintain records
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The congregation voting to be so exempt shall hold title to its property and exercise its privileges of incorporation and property ownership under the provisions of the Constitution to which it was subject immediately prior to the establishment of the Presbyterian Church
(U.S.A.).
Includes Trust, Extinct or Dissolved, and
Schism clauses
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* Does Presbytery of the Pines have a list of exempt congregations?
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This paragraph may not be amended, according to the last sentence of G-4.0208. Why?
* What misconceptions have you heard regarding
G-4.0208?
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