CHAPTER 306

An Act to amend and reenact § 57-16 of the Code of Virginia, relating to
the quantity of real and personal property certain religious groups
may hold.

[S 86]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

a That § 57-16 of the Code of Virginia be amended and reenacted as
ollows:

§ 57-16. (1) How property acquired, held, transferred, etc.— When-
ever the laws, rules or ecclesiastic polity of any church or religious sect,
society or denomination commits to its duly elected or appointed bishop,
minister or other ecclesiastical officer, authority to administer its affairs,
such duly elected or appointed bishop, minister or other ecclesiastical
officer shall have power to acquire by deed, devise, gift, purchase or
otherwise, any real or personal property, for any purpose authorized and
permitted by its laws, rules or ecclesiastic polity, and not prohibited by the
laws of Virginia, and the power to hold, improve, mortgage, sell and
convey the same in accordance with such laws, rules and ecclesiastic polity,
and in accordance with the laws of Virginia.

(2) Transfer, removal, resignation or death of ecclesiastical of-
ficer.—In the event of the transfer, removal, resignation or death of any
such bishop, minister, or other ecclesiastical officer, the title and all rights
with respect to any such property shall pass to and become vested in his
duly elected or appointed successor immediately upon election or appoint-
ment, and pending election or appointment of such successor, such title and
rights shall be vested in such person or persons as shall be designated by
the laws, rules, or ecclesiastical polity of such church or religious sect,
society or denomination.

(3) Validation of deeds, etc.—All deeds, deeds of trust, mortgages,
wills or other instruments made prior to March eighteenth, nineteen
hundred and forty-two, to or by a duly elected or appointed bishop,
minister or other ecclesiastical officer, who at the time of the making
of any such deed, deed of trust, mortgage, will or other instrument, or
thereafter, had authority to administer the affairs of any church or
religious sect, society or denomination under its laws, rules or ecclestiastic
polity, transferring property, real or personal, of any such church or
religious sect, society or denomination, are hereby ratified and declared
valid. All transfers of title and rights with respect to property, prior to
such date from a predecessor bishop, minister or other ecclesiastical
officer who has resigned or died, or has been transferred or removed, to
his duly elected or appointed successor, by the laws, rules or ecclesiastic
polity of any such church or religious sect, society or denomination,
either by written instruments or solely by virtue of the election or ap-
pointment of such successor, are also hereby ratified and declared valid.

(4) Insufficient designation of beneficiaries or objects of trust.—No
gift, grant, bequest or devise made on or after March eighteenth, nineteen
hundred and forty-two, to any such church or religious sect, society or
denomination or the duly elected or appointed bishop, minister or other
ecclesiastical officer authorized to administer its affairs, shall fail or
be declared void for insufficient designation of the beneficiaries in, or the
objects of, any trust annexed to such gift, grant, bequest or devise; but
such gift, grant, bequest or devise shall be valid; provided, that whenever
the objects of any such trust shall be undefined, or so uncertain as not to
admit of specific enforcement by the chancery courts of the Commonwealth,
such gift, grant, bequest or devise shall be held, managed, and the principal
or income appropriated, for the religious and benevolent uses of such
church or religious sect, society or denomination by its duly elected or ap-
pointed bishop, minister or other ecclesiastical officer authorized to ad-
minister its affairs.

(5) Limitation on amount of land to be held.—This section shall not
be construed, however, so as to authorize any parish or congregation
of such church to hold more than four acres of land * in any * city or town,
or more than seventy-five acres outside of a city or town and within
the same county; provided, that the city or town council of any city or
town may by ordinance authorize such parish or congregation to take and
hold in any such city or town not exceeding ten acres of land at any one
time if such acreage is to be devoted exclusively, and is ultimately so de-
voted, to a church building, chapel, offices exclusively for administrative
purposes of the church, a Sunday-school building and playgrounds there-
for, and parking lots for the convenience of those attending any of the
foregoing, and a church manse, parsonage or rectory; and they shall not
take and hold at any one time, money, securities or other personal estate
exceeding in the aggregate, exclusive of the books and furniture aforesaid,
the sum of two million dollars; provided, that where two or more re-
ligious congregations, churches or religious societies shall merge or con-
solidate, such religious congregation, church or religious society so merged
or consolidated, shall have three years within which to dispose of its
land in excess of that which it is permitted to hold under this section.

(6) Rights and remedies cumulative.—The rights created and the
remedies provided in this section shall be construed as cumulative and
not exclusive.

(7) No implied repeal of other provisions.—This section shall not
be so construed as to effect an implied repeal of any other provisions of
this chapter.