Tuesday, August 4, 2009
Letter from the Presiding Bishop discusses property issues
The Presiding Bishop writes about property issues-
I will continue to uphold two basic principles in the work some of us face in dealing with former Episcopalians who claim rights to church property or assets. Our participation in God's mission as leaders and stewards of The Episcopal Church means that we expect a reasonable and fair financial arrangement in any property settlement, and that we do not make settlements that encourage religious bodies who seek to replace The Episcopal Church.
Pragmatically, the latter means property settlements need to include a clause that forbids, for a period of at least five years, the presence of bishops on the property who are not members of this House, unless they are invited by the diocesan bishop for purposes which do not subvert mission and ministry in the name of this Church.
I understand that other bishops, such as Anglican bishops in good standing (but not any who is involved in provincial border crossing) might be welcomed to preach, preside, confirm, or even ordain, but that diocesan permission cannot encourage anything that purports to set up or participate in another jurisdiction. It is my fervent hope that five years on, we will all be in a much more clearly defined position.
Entire letter is here-
http://www.episcopalcafe.com/lead/episcopal_church/letter_from_the_presiding_bish.html
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My view is that the Presiding Bishop is probably correct when she indicates that all assets under the control of canonical entities of the Episcopal Church prior to the relevant "separations" will be found by the courts to remain under the control of canonical entities of the Episcopal Church. That has been the judicial track record so far, anyway. I believe she oversteps her authority by then asserting directives to the canonical trustees about the exercise of their fiduciary responsibility. It is of course a given that these trustees must both adhere to the relevant national and diocesan canons, and to the standards of due diligence and responsible oversight required by law. But within that frame to begin to micromanage by making up rules about time frames and about the attitudes and goals of potential tenants or purchasers is just plain not in her portfolio.
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