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2005 SESSION
055453772Be it enacted by the General Assembly of Virginia:
1. That §§ 57-2.1, 57-7.1 through 57-11, 57-13 through 57-18, 57-21, 57-22, and 57-32 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 1-13.3:2, 1-13.12:1, and 57-16.1 as follows:
§ 1-13.3:2. Church; definition.
Depending upon the context in which it is used, "church" means (a) a religious entity having a distinctive body of theological tenets, beliefs, and practices; (b) a congregation adhering to a distinctive body of theological tenets, beliefs, and practices; or (c) a building in which a congregation regularly gathers for public worship, including, but not limited to, a cathedral, chapel, meeting-house, mosque, synagogue, or temple.
§ 1-13.12:1. Minister; definition
"Minister" means an individual ordained, selected, or elected in accordance with the ritual, practice, or governing document of a church, as defined in § 1-13.3:2, to exercise religious authority or officiate in the leadership or clerical functions of the church. The term includes, but is not limited to, a bishop, imam, minister of the gospel, pastor, priest, or rabbi.
§ 57-2.1. Advertising by hotels, etc., that persons find objectionable because of religion.
(1) Definitions. - Except where the context clearly requires a different meaning, the following terms shall have the meaning respectively ascribed to them:
"Person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.
"Establishment" means any building or part thereof, including without being limited to public inns and hotels, any structure, enclosure, tract of land, and all improvements, appurtenances, and additions, bodies of water whether natural or artificial, and any other place of whatsoever nature to which the general public is or will be admitted, allowed or invited on payment of a fee, free of charge or otherwise.
(2) Methods of advertising; solicitation to violate section. - No person, directly or indirectly, for himself or for another, shall publish in any newspaper or magazine, post on any sign, or broadcast by radio or television any commercial advertisement that any person not otherwise prohibited by law from using an establishment is not welcome, or is objectionable, or is not acceptable because of his religion. No person shall cause or solicit another person to violate this section.
(3) Exemptions from section. - This section shall not apply
(1) to any establishment which is private or restricted to membership only; (2)
to any college, school, educational institution, or camp, admission to which is
based on religious belief or affiliation; (3) to any gathering, meeting or
assembly held under the auspices of any religious group or sectbody.
(4) Public nuisance; abatement by injunction. - Any commercial advertisement as set forth herein is declared a public nuisance and shall be subject to abatement by injunctive relief; any aggrieved individual or group of individuals may proceed to obtain an injunction enjoining and restraining the person from continuing such commercial advertisement.
§ 57-7.1. What transfers for religious purposes valid.
Every conveyance or transfer of real or personal property,
whether inter vivos or by will, which is made to or for the benefit of any
church, church diocese, religious congregation
or religious society body,
whether by purchase or gift, shall be valid, subject to the provisions of § 57-12.
Any such conveyance or transfer that fails to state a specific
purpose shall be used for the religious and benevolent purposes of the church,
church diocese, religious congregation or religious society
body as determined appropriate by the
authorities which, under its rules or usages, have charge of the administration
of the temporalities thereof.
No such conveyance or transfer shall fail or be declared void
for insufficient designation of the beneficiaries in any case where the church,
church diocese, religious congregation or religious society
body has lawful trustees in existence,
is capable of securing the appointment of lawful trustees upon application as
prescribed in § 57-8, is incorporated, has created a
corporation pursuant to § 57-16.1, or has ecclesiastical officers
pursuant to the provisions of § 57-16.
§ 57-8. Appointment of trustees to effect the purposes of conveyances, etc.; validation of certain appointments.
The circuit court of the county or the circuit or
corporation court of the city, or the judge thereof in vacation,
wherein there is any parcel of such land or the greater part thereof may, on
the application of the proper authorities of such an
unincorporated church diocese, religious
congregation, church, or religious society body
or branch or division thereof, from time to time appoint trustees,
either where there were, or are, none or in place of former trustees, and on
such application and without notice to the trustee or trustees change those so
appointed whenever it may seem to the court or judge proper to effect and
promote the purpose and object of the conveyance, devise, or dedication, and
the legal title to such land shall for that purpose and object be vested in the
trustees for the time being and their successors.
All such changes and appointments heretofore [before March 31, 1966] made are hereby validated, ratified, approved and confirmed.
§ 57-9. How property rights determined on division of church or body.
A. If a division has heretofore
occurred or shall hereafter occur in a church or
religious society, to which any such congregation
whose
property is held by trustees is attached, the communicants,
pewholders, and pewowners members
of such congregation, over eighteen 18
years of age, may, by a vote of a majority of the
whole number, determine to which branch of the church or society
such congregation shall thereafter belong. Such determination
shall be reported to the circuit court of the county, or circuit or
corporation court of the city, wherein the property held in trust
for such congregation or the greater part thereof is; and if the determination
be approved by the court, it shall be so entered in its chancery order book,
and shall be conclusive as to the title to and control of any property held in
trust for such congregation, and be respected and enforced accordingly in all
of the courts of this Commonwealth.
B. If a division has heretofore
occurred or shall hereafter occur in a congregation whose property is held
by trustees, which, in its
organization and government, is a church or
society entirely independent of any other church or
general society, a majority of the members of such congregation,
entitled to vote by its constitution as existing at the time of the division,
or where it has no written constitution, entitled to vote by its ordinary
practice of or custom,
may decide the right, title, and control of all property held in
trust for such congregation. Their decision shall be reported to such court,
and if approved by it, shall be so entered as aforesaid, and shall be final as
to such right of property so held.
§ 57-10. How trustees to hold personal property.
When books or furniture personal property shall
be given or acquired for the benefit of such an
unincorporated church diocese, religious
congregation, church, or religious society, or branch
or division thereofbody,
to be used on such land in
the ceremonies of public worship or at the residence of such bishop, or
minister or clergyman for
its religious purposes, the same shall stand vested in the
trustees having the legal title to the land, to be held by them as the land is
held, and upon the same trusts or, if the church has created a corporation
pursuant to § 57-16.1, to be held by it as its land is held, and for the same
purposes.
§ 57-11. Suits by and against trustees.
Such trustees, and such as are mentioned in §§ 57-21, 57-22, and 57-23, may, in their own names, sue for and recover any real or personal estate held by them respectively in trust, or damages for injury thereto, and be sued in relation to the same. Such suit notwithstanding the death of any of the trustees, or the appointment of others, shall proceed in the names of the trustees by or against whom it was instituted.
In any case where such trustees shall have given any deed of
trust, or encumbered such real or personal estate in any manner to secure any
debt, and such trustees have since died, and such church diocese,
religious congregation body, or
organization has become extinct, or has ceased to occupy the property, so that
it may be regarded as abandoned property, the beneficiary entitled to the debt
secured by such deed of trust or encumbrance, may for the purpose of subjecting
the estate to the payment of such lien, institute a suit in equity in the
circuit or corporation
court of the county or city in which the property or the greater part thereof
is, against the members of such church diocese or, religious congregation body,
or organization as parties unknown, proceeding by order of
publication as provided by Chapter 8 (§ 8.01-285 et seq.) of Title 8.01.
§ 57-13. Suits by members against trustees to compel proper application of property.
Any one or more members of any church diocese or
religious congregation whose property is held
by trustees may, in
his or their names, on behalf of such church diocese or
congregation, commence and prosecute a suit in equity against any
such trustee to compel him to apply such real or personal estate for the use or
benefit of the church diocese or congregation, as his duty
shall require. No member of the church diocese or
congregation need be made a defendant to such suit, but, in other
respects, the same shall be proceeded in, heard, and determined as other suits
in equity, except that it may be proceeded in, notwithstanding the death of the
plaintiff, as if he were still living.
§ 57-14. Suits by members to have land sold or mortgaged.
Whenever the governing body of any church diocese
or any religious congregation whose property is held
by trustees, for
whose use a conveyance, devise, or dedication of land has been lawfully made,
shall deem that their the interest
of the church will be promoted by a
sale of the whole or a part of such land, or by a mortgage thereof, or deed of
trust thereon, it shall be lawful for any member of such church diocese or congregation, in his name and on behalf of the other
members thereof, to prosecute a suit for either of such purposes in the circuit
court of the county, or circuit or
corporation court of the city, in which such land or the greater
part thereof lies, against the trustees or the survivors of them in whom the
legal title is; and it shall be lawful for such court, if a proper case be
made, and it appears that the governing body of the church diocese or the
congregation has given its assent thereto in the mode prescribed
by its authorities, and the court be of opinion that the rights of others will
not be violated thereby, to order the sale of such land or part thereof, or the
execution of such mortgage or deed of trust, and make such disposition of the
proceeds of such sale as the governing body of the church diocese or
congregation may desire.
§ 57-15. Proceedings by trustees or members for similar purposes, exception for certain transfers.
A. The trustees of such a
church diocese, congregation, or church or
religious denomination, or
society or branch or division thereof body,
in whom is vested the legal title to such land held for any of the purposes
mentioned in § 57-7.1, may file their petition in the circuit court of the
county or the city wherein the land, or the greater part thereof held by them
as trustees, lies, or before the judge of such court in vacation, asking leave
to sell, encumber, extend encumbrances, improve, make a gift of, or exchange
the land, or a part thereof, or to settle boundaries between adjoining property
by agreement. Upon evidence being produced before the court that it is the wish
of the congregation, or church or religious denomination
or society, or branch or division thereof, or the constituted authorities
thereof having jurisdiction in the premises, or of the governing body of any
church diocese body,
to sell, exchange, encumber, extend encumbrances, make a gift of, or improve
the property or settle boundaries by agreement, the court shall make such order
as may be proper, providing for the sale of such land, or a part thereof, or
that the same may be exchanged, encumbered, improved, or given as a gift, or
that encumbrances thereon be extended, and in case of sale for the proper
investment of the proceeds or for the settlement of such boundaries by
agreement.
When any such religious
congregation church
has become extinct or has ceased to occupy such property as a place of worship,
so that it may be regarded as abandoned property, the petition may be filed
either by the surviving trustee or trustees, should there be any, or by any one
or more members of such its congregation,
should there be any, or by the church or religious
body which by the laws of the church or denomination religious
body to which the congregation church
belongs has the charge or custody of the property, or in which it
may be vested by the laws of such church or denomination religious
body. The court shall either (i) make a decree for the sale of the
property or the settlement of boundaries between adjoining properties by
agreement, and the disposition of the proceeds in accordance with the laws of
the denomination church or
religious body, and the printed acts of the church or denomination
religious body issued by its
authority, embodied in book or pamphlet form, shall be taken and regarded as
the law and acts of such denomination church or
religious body or (ii) at the request of the surviving trustees and after
notice in accordance with law to all necessary parties, make such order as may
be proper providing for the gift of such property to any willing local, state
or federal entity or to a willing private, nonprofit organization exempt from
taxation under § 501 (c) (3) of the Internal Revenue Code, provided the court
finds that (a) the property includes a historic building or landmark so
designated by the Commonwealth and (b) the purpose of such gift is historical
preservation of the property.
The court may make such order as to the costs in all these proceedings as may seem proper.
B. As an alternative to proceeding under subsection A, (i) the trustees of a church that incorporates may transfer the title to the real and personal property of the church held by them to the incorporated church; and (ii) the trustees of a church that does not incorporate under subdivision (i) hereof may transfer title to the real and personal property of the church held by them to a corporation created pursuant to § 57-16.1 without, in either instance, obtaining court permission if the transfer is authorized in accordance with the church's polity. If no petition seeking to set such a transfer aside is filed within one year of the recordation of the trustees' deed transferring title to real estate, or the date of the transfer of any personal property, it shall be conclusively presumed that the transfer was made in accordance with the church's polity insofar as a good faith purchaser or lender is concerned.
§ 57-15.1. Order may provide that fiscal officer may sign instrument without personal liability.
Any order entered pursuant to §§ 57-14 and 57-15 may provide
that any instrument evidencing a debt secured by a deed of trust or mortgage
made in behalf of a church diocese, congregation, church
or religious denomination or
society or branch or division thereof body,
hereinafter referred to inclusively as "church," may be signed
without personal liability by the treasurer or other fiscal officer of such
church and thereupon become the obligation solely of the church named therein.
To carry out any order entered pursuant to §§ 57-14 and 57-15, the judge may appoint a special commissioner to convey or encumber any real estate held for the benefit of any church in connection with any transaction involving any conveyance or debt in the name of the church.
Any such instrument when recorded shall be indexed in the name of the church as grantor.
§ 57-16. Property held, etc., by ecclesiastical officers.
(1) How property acquired, held, transferred, etc. - Whenever
the laws, rules or ecclesiastic polity of any church or religious sect,
society or denomination body commits
to its duly elected or appointed bishop, minister
or other ecclesiastical officer, authority to administer its affairs, such duly
elected or appointed bishop, minister or other
ecclesiastical officer shall have power to acquire by deed, devise, gift,
purchase or otherwise, any real or personal property, for any purpose
authorized and permitted by its laws, rules or ecclesiastic polity, and not
prohibited by the laws of Virginia, and the power to hold, improve, mortgage,
sell and convey the same in accordance with such laws, rules and ecclesiastic
polity, and in accordance with the laws of Virginia.
(2) Transfer, removal, resignation or death of ecclesiastical
officer. - In the event of the transfer, removal, resignation or death of any
such bishop, minister, or other
ecclesiastical officer, the title and all rights with respect to any such
property shall pass to and become vested in his duly elected or appointed
successor immediately upon election or appointment, and pending election or
appointment of such successor, such title and rights shall be vested in such
person or persons as shall be designated by the laws, rules, or ecclesiastical
polity of such church or religious sect,
society or denomination body.
(3) Validation of deeds, etc. - All deeds, deeds of trust,
mortgages, wills or other instruments made prior to March 18, 1942, to or by a
duly elected or appointed bishop, minister or other
ecclesiastical officer, who at the time of the making of any such deed, deed of
trust, mortgage, will or other instrument, or thereafter, had authority to
administer the affairs of any church or religious sect, society or
denomination body under its laws, rules or
ecclesiastic polity, transferring property, real or personal, of any such church
or religious sect, society or
denomination body,
are hereby ratified and declared valid. All transfers of title and rights with
respect to property, prior to such date from a predecessor bishop, minister
or other ecclesiastical officer who has resigned or died, or has been
transferred or removed, to his duly elected or appointed successor, by the
laws, rules or ecclesiastic polity of any such church or religious sect,
society or denominationbody,
either by written instruments or solely by virtue of the election or
appointment of such successor, are also hereby ratified and declared valid.
(4) Insufficient designation of beneficiaries or objects of
trust. - No gift, grant, bequest or devise made on or after March 18, 1942, to
any such church or religious sect, society or
denomination body or the duly elected or appointed bishop,
minister or other ecclesiastical officer authorized to administer
its affairs, shall fail or be declared void for insufficient designation of the
beneficiaries in, or the objects of, any trust annexed to such gift, grant,
bequest or devise; but such gift, grant, bequest or devise shall be valid;
provided, that whenever the objects of any such trust shall be undefined, or so
uncertain as not to admit of specific enforcement by the chancery courts of the
Commonwealth, such gift, grant, bequest or devise shall be held, managed, and
the principal or income appropriated, for the religious and benevolent uses of
such church or religious sect, society or denomination body
by its duly elected or appointed bishop, minister
or other ecclesiastical officer authorized to administer its affairs.
(5) Limitation on amount of land to be held. - This
section shall not be construed, however, so as to authorize any parish or
congregation of such church to hold more land, money, securities or other
personal estate than authorized under the provisions of § 57-12, as amended
from time to time.
(6)(5)
Rights and remedies cumulative. - The rights created and the remedies provided
in this section shall be construed as cumulative and not exclusive.
(7)(6)
No implied repeal of other provisions. - This section shall not be so construed
as to effect an implied repeal of any other provisions of this chapter.
§ 57-16.1. Property of unincorporated church held by corporation.
Whenever the laws, rules, or ecclesiastic polity of an unincorporated church or religious body provide for it to create a corporation to hold, administer, and manage its real and personal property, such corporation shall have the power to (i) acquire by deed, devise, gift, purchase, or otherwise, any real or personal property for any purpose authorized and permitted by the laws, rules, or ecclesiastic polity of the church or body, and not prohibited by the law of the Commonwealth; and (ii) hold, improve, mortgage, sell, and convey the same in accordance with such law, rules, and ecclesiastic polity, and in accordance with the law of the Commonwealth.
§ 57-17. Conveyance of church land held in adverse possession.
Whenever any church in this Commonwealth has been in the
undisputed possession, for a period of twenty-five 25
years or more, of any real estate, and for which there is no deed
of record, the trustees of the church, after giving
notice once a week for four successive weeks in some newspaper published in, or
having general circulation in, the county or city in which such real estate is,
may file a petition in the circuit court of such county, or any court of record
of such city, duly sworn to, which petition shall set forth the fact that the real
estate mentioned therein has been in the undisputed possession of such church
for a period of twenty-five 25 years
or more and shall give the true boundaries of such real estate. Upon the
hearing of such petition, if the court shall be satisfied that the real estate
mentioned has been in the undisputed possession of such church for a period of twenty-five
25 years or more; that the boundaries
mentioned in the petition are the true boundaries of such real estate; and
that the trustees who file such
petition are the duly
appointed trustees of such church has
been filed by the proper party, it may appoint a special
commissioner to make conveyance of such real estate to the trustees of the
church, with covenant of special warranty; provided that
such real estate so acquired shall not increase the holdings of such trustees
in the aggregate at any one time to more than four acres of land in a city or
town, nor more than seventy-five acres out of a city or town.
§ 57-18. Conveyance for charitable purpose to unincorporated bodies or societies.
In any case where, since June
18, 1914, there has been, or at any time hereafter there may be, any gift,
grant or devise of real estate for charitable purposes to an unincorporated
body or society whether such gift, grant or devise be directly to such body or
society, or to it in trust for charitable uses, trustees to hold the same may,
if such unincorporated body or society so elects, be appointed in accordance
with the procedure prescribed by § 57-8, and such trustees shall hold the trust
subject in accordance with the provisions of §§ 57-11, 57-13, 57-14 and 57-15,
in like manner as if such sections had been made expressly applicable to such
unincorporated body or society. For the purposes of this section the words
church, society, denomination, congregation, religious
congregation, religious body, religious
denomination and religious
congregation or organization, appearing in the aforesaid sections,
shall be interpreted to refer to such unincorporated body or society.
§ 57-21. May hold personal property through trustees.
Any such association may acquire books or furniture
personal property for its use, and
hold the same and any such as it may have heretofore acquired, through the
intervention of trustees in whom the legal title shall be vested for its
benefit; and the circuit court of the county, or the circuit or
corporation court of the city, in which the meetings of such
association are usually held, or the judge of such court in vacation, may, on
the application of the proper authorities of the association, from time to
time, appoint trustees, either where there were or are none, or in place of
former trustees, and change those so appointed, as may seem to the court or
judge to be proper; and the legal title to such books or furniture
personal property shall be vested in
the trustees, for the time being, and their successors, for the use and benefit
of the association.
§ 57-22. Conveyance of land to trustees or local governing body for cemetery use.
A. Land may be conveyed to trustees, not less than five nor
more than nine in number, for the use of any city, town, county, magisterial
district, cemetery association, ecclesiastical religious, or other society body,
as a cemetery. It shall be held by such trustees and their successors for such
use and no other.
B. Land may also be conveyed to a county, city, or town, in the name of the county, city or town, for use as a cemetery. Any perpetual care fund associated with the land or cemetery shall also be transferred upon such conveyance.
§ 57-32. Who may hold such property.
Any cemetery company chartered under the laws of this
Commonwealth, or the trustees of a church, or any
trustees holding title to a cemetery, or burial ground, may take and hold any
property granted, bequeath bequeathed,
devised, or given upon trust to apply its income to the improvement, repair, or
embellishment of the cemetery, or any burial lot or monument or tomb or vault
or other erections in such cemetery, according to the terms of such grant,
bequest, devise, or gift.