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NY Church Property Law Legal

Court validates law requiring notice about sale, mortgage, or lease of church property.

Last Reviewed: March 31, 2021
New York
State:
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Key point. A New York law requiring certain churches to notify the state attorney general prior to the sale, mortgage, or lease of their property is not unconstitutional.

A New York court upheld the validity of a state law imposing requirements on the sale, mortgage, or lease of church property .

New York law specifies that "a religious corporation shall not sell, mortgage or lease for a term exceeding five years any of its real property without applying for and obtaining leave of the court …." New York law also requires several "congregational" (and some hierarchical) churches to notify the state attorney general prior to the sale, mortgage, or lease of their property.

A hierarchical church obtained court approval of the sale of some of its property in 1987, although it failed to comply with the requirement that it notify the state attorney general of its intent ...

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Posted:
  • March 1, 1996
  • Last Reviewed: March 31, 2021

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