Congregational Churches Key point 7-03.01. The civil courts resolve disputes over the ownership and control of property
Hierarchical Churches—the Compulsory Deference Rule Key point 7-03.02. Some courts apply the “compulsory deference” rule in resolving disputes over the
Hierarchical Churches—Neutral Principle of Law Key point 7-03.03. Most courts apply the “neutral principles of law” rule in resolving disputes
Restricting Certain Activities Near Church Property Key point 7-07. Many cities have enacted ordinances banning “adult” bookstores and entertainment facilities, and
Restrictive Covenants Key point 7-13. A restrictive covenant is a restriction on the use of property. Such
Places of Public Accommodation Most states and many cities have enacted laws prohibiting various forms of discrimination by places
State and Lower Federal Court Rulings How have state and lower federal courts resolved church property disputes since Jones? A few
Church Property Disputes—Dispute Resolution Procedures Key point 7-04. Churches and denominational agencies can avoid church property disputes by adopting appropriate
Transferring Church Property Key point 7-05. An incorporated church generally can transfer title to church property, following authorization
Church Property Disputes—In General Church property disputes can arise in a variety of ways. In some cases, a church
Effect of Procedural Irregularities Key point 6-12.04. Most courts refuse to intervene in church disputes concerning the validity of
Judicial Supervision of Church Elections Key point 6-12.05. Some courts will supervise church elections to ensure compliance with the procedural
“Marginal” Civil Court Review Key point 6-10.02. According to the minority view, the civil courts may engage in “marginal
Procedural Requirements Key point 6-12.01. Church membership meetings must be conducted in accordance with the procedural requirements
Parliamentary Procedure Editor’s note: This section of Pastor, Church & Law refers to the 11th edition of
Selection and Qualifications Key point 6-09.01. The procedure for selecting members generally is defined by a church’s governing
Exceeding the Authority of the Board Key point 6-07.09. Church board members may be personally liable for actions they take that
Merger and Consolidation Key point 6-14. Two or more religious congregations can merge or consolidate. In a merger,
Dissolution Key point 6-15. The procedure for dissolving an incorporated church is specified by state nonprofit