§ 17-c. Property of Lutheran congregations. 1. Congregations of the\nLutheran Church in America. The synod having jurisdiction over a\nparticular congregation of the Lutheran Church in America, may declare\ndefunct any congregation, belonging to the synod, which has disbanded,\nor has ceased or failed to maintain religious worship or services\naccording to the tenets and usages of the Lutheran Church, or whose\nmembership has so diminished in numbers as to render it impossible or\nimpracticable for such congregation to fulfill the purposes for which it\nwas organized or to protect its property from waste and deterioration,\nor having departed from membership in the Lutheran Church in America,\nwithout the consent of a convention of the synod.\n Whenever the synod having jurisdiction over a particular congregation\nof the Lutheran Church in America, declares defunct the particular\ncongregation, upon petition to the supreme court, and upon satisfactory\nproof of the facts leading to said declaration, the court shall have\njurisdiction to grant an order to the effect that all property of\nwhatever kind which may have belonged to, or having been held by, said\ncongregation shall vest in the synod of jurisdiction in as full and\nample a manner as the same shall theretofore, have been vested in the\ncongregation so declared defunct.\n The secretary of the synod of jurisdiction shall record in the office\nof the county clerk, in which the congregation is located, a certified\ncopy of the resolution of the synod, declaring such congregation defunct\nand the court order transferring the title of the congregation's\nproperty; and the recording of such resolution and court order shall be\nproof of the vesting of the title of the real property of such\ncongregation in the synod of jurisdiction.\n 2. Congregations of the Evangelical Lutheran Church in America. (a)\nThe relationship between a congregation of the Evangelical Lutheran\nchurch in America and the church may be terminated in one of the\nfollowing ways:\n (i) The congregation takes action to dissolve;\n (ii) The congregation ceases to exist;\n (iii) The membership of the congregation becomes so scattered or\ndiminished in numbers as to make it impracticable for such congregation\nto fulfill the purposes for which it was organized. In such case, the\nsynod in order to protect the property from waste and deterioration,\nthrough the synod council or trustees appointed by it, may take charge\nand control of the property of the congregation to hold, manage, and\nconvey the same on behalf of the synod. The congregation shall have the\nright to appeal the decision to the synod assembly;\n (iv) The congregation is no longer recognized by the church under the\ndisciplinary provisions of the Evangelical Lutheran Church in America;\nor\n (v) The congregation terminates its relationship according to the\nprocedure outlined in paragraph (b) of this subdivision.\n (b) A congregation may terminate its relationship with the church by\nthe following procedure:\n (i) A resolution indicating desire to terminate its relationship must\nbe adopted at a legally called and conducted special meeting of the\ncongregation by a two-thirds majority of the voting members present;\n (ii) The secretary of the congregation shall submit a copy of the\nresolution to the synodical bishop and shall mail a copy of the\nresolution to voting members of the congregation. This notice shall be\nsubmitted within ten days after the resolution has been adopted;\n (iii) The bishop of the synod shall consult with the congregation\nduring a period of at least ninety days;\n (iv) If the congregation, after consultation, still desires to\nterminate its relationship, such action may be taken at a legally called\nand conducted special meeting of the congregation by a two-thirds\nmajority of the voting members present, at which meeting the synodical\nbishop or an authorized representative shall be present. Notice of
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