57-9 - How property rights determined on division of church or society. - Virginia Statutes

§ 57-9. How property rights determined on division of church or society.

A. If a division has heretofore occurred or shall hereafter occur in a churchor religious society, to which any such congregation whose property is heldby trustees is attached, the members of such congregation over 18 years ofage may, by a vote of a majority of the whole number, determine to whichbranch of the church or society such congregation shall thereafter belong.Such determination shall be reported to the circuit court of the county orcity, wherein the property held in trust for such congregation or the greaterpart thereof is; and if the determination be approved by the court, it shallbe so entered in the court's civil order book, and shall be conclusive as tothe 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 theCommonwealth.

B. If a division has heretofore occurred or shall hereafter occur in acongregation whose property is held by trustees which, in its organizationand government, is a church or society entirely independent of any otherchurch 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 ordinarypractice or custom, may decide the right, title, and control of all propertyheld in trust for such congregation. Their decision shall be reported to suchcourt, and if approved by it, shall be so entered as aforesaid, and shall befinal as to such right of property so held.

(Code 1919, § 40; 1972, c. 825; 2005, cc. 681, 772.)