CHAPTER 516

An Act to amend and reenact §§ 57-7 as amended, 57-8, 57-10, 57-11,
57-12 as amended, 57-13, 57-14, and 57-15 of the Code of Virginia,
relating to property held for religious purposes, what transfers
therefor valid, how held, suits involving the same, quantity of the
State which may be so held, and other matters in relation to the

foregoing.
[H 499]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. That §§ 57-7 as amended, 57-8, 57-10, 57-11, 57-12 as amended, 57-13,
oui and 57-15 of the Code of Virginia, be amended and reenacted as
ollows:
§ 57-7. Every conveyance, devise, or dedication shall be valid which,
since the first day of January, seventeen hundred and seventy-seven, has
been made, and every conveyance shall be valid which hereafter shall be
made of land for the use or benefit of any religious congregation as a place
for public worship, or as a burial place, or a residence for a minister, or for
the use or benefit of any church diocese, church, or religious society, as a
residence for a bishop or other minister or clergyman who, though not in
special charge of a congregation, is yet an officer of such church diocese,
church or religious society, and employed under its authority and about its
business; and every conveyance shall be valid which may hereafter be
made, or has heretofore been made, of land as a location for a parish house
or house for the meeting of societies or committees of the church or others
for the transaction of business connected with the church or of land as a
place of residence for the sexton of a church, provided such land lies
adjacent to or near by the lot or land on which is situated the church to
which it is designed to be appurtenant; or for use in furtherance of the
affairs of any church diocese, and the land shall be held for such uses or
benefit and for such purposes, and not otherwise. And no gift, grant, or be-
quest hereafter made to such church diocese, church or religious congrega-
tion, or the trustee thereof, shall fail or be declared void for insufficient
designation of the beneficiaries in, or the objects of, any trust annexed to
such gift, grant, or bequest in any case where lawful trustees of such
church diocese, church or congregation are in existence, or the church
diocese, or the congregation is capable of securing the appointment of such
trustees upon application as prescribed in the following section; but such
gift, grant, or bequest shall be valid, subject to the limitation of § 57-12;
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, then such gift, grant, or bequest shall inure and
pass to the trustees of the beneficiary church diocese or congregation, to
be by them held, managed, and the principal or income appropriated for
the religious and benevolent uses of the church diocese or congregation,
as such trustees may determine, by and with the approval of the vestry,
board of deacons, board of stewards, or other authorities which, under the
rules or usages of such church diocese, church or congregation, have charge
of the administration of the temporalities thereof.

Provided that any devise of property after January one, nineteen hun-
dred fifty-three, for the use or benefit of any religious congregation,
wherein no specific use or purpose is specified shall be valid.

§ 57-8. The circuit court of the county or the circuit or corporation
court of the city, or the judge thereof in vacation, wherein there is any
parcel of such land or the greater part thereof may, on the application of
the proper authorities of such church diocese, religious congregation,
church, or religious society or branch or division thereof, from time to
time appoint trustees, either where there were, or are, none or in place of
former trustees, and change those so appointed whenever it may seem to
the court or judge proper to effect and promote the purpose and object of
the conveyance, devise, or dedication, and the legal title to such land shall
for that purpose and object be vested in the trustees for the time being
and their successors.

§ 57-10. When books or furniture shall be given or acquired for the
benefit of such church diocese, religious congregation, church, or religious
society, or branch or division thereof, to be used on such land in the cere-
monies of public worship or at the residence of such bishop, or minister or
clergyman, the same shall stand vested in the trustees having the legal
ee the land, to be held by them as the land is held, and upon the same
rusts.

§ 57-11. Such trustees, and such as are mentioned in §§ 57-21, 57-
22, and 57-23, may, in their own names, sue for and recover any real or
personal estate held by them respectively in trust, or damages for injury
thereto, and be sued in relation to the same. Such suit notwithstanding the
death of any of the trustees, or the appointment of others, shall proceed
in the names of the trustees by or against whom it was instituted.

In any case where such trustees shall have given any deed of trust,
or encumbered such real or personal estate in any manner to secure any
debt, and such trustees have since died, and such church diocese, religious
congregation or organization has become extinct, or has ceased to occupy
the property, so that it may be regarded as abandoned property, the bene-
ficiary entitled to the debt secured by such deed of trust or encumbrance,
may for the purpose of subjecting the estate to the payment of such lien,
institute a suit in equity in the circuit or corporation court of the county
or city in which the property or the greater part thereof is, against the
members of such church diocese or religious congregation or organization
as parties unknown, proceeding by order of publication as provided by
Chapter 4 (§ 8-48 et seq.) of Title 8.

§ 57-12. Such trustees shall not take or hold at any one time more
than four acres of land in a city or town, nor 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
trustees to take and hold in such city or town not exceeding ten acres of
land at any one time if such acreage is to be devoted exclusively, and
is subsequently so devoted, to a church building, chapel, offices exclusively
used for administrative purposes of the church, a Sunday-school building
and playgrounds therefor, and parking lots for the convenience of those
attending any of the foregoing, and a church manse, parsonage or rectory;
and provided further that the trustees of a church diocese may take or
hold not more than seventy-five acres in any one county at any one time;
and they shall not take nor 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 religious congregations, churches or religious societies shall
merge or consolidate, such religious congregation, church or religious
society so merged or consolidated, shall have three years’ time within
which to dispose of its land in excess of that which it is permitted to hold
under this section.

Nothing herein contained shall affect the validity of any land within a
city or town legally acquired by a church to be exclusively used for a
church manse, parsonage or rectory between June thirtieth, nineteen hun-
dred fifty-four and June twenty-seventh, nineteen hundred fifty-eight,
provided the total amount of land owned by a church within a city or town
does not exceed ten acres.

§ 57-138. Any one or more members of any church diocese or religious
congregation may, in his or their names, on behalf of such church diocese
or congregation, commence and prosecute a suit in equity against any such
trustee to compel him to apply such real or personal estate for the use or
benefit of the church diocese or congregation, as his duty shall require.
No member of the church diocese or congregation need be made a de-
fendant to such suit, but, in other respects, the same shall be proceeded in,
heard, and determined as other suits in equity, except that it may be
proceeded in, notwithstanding the death of the plaintiff, as if he were
still living.

§ 57-14. Whenever the governing body of any church diocese or any
religious congregation, for whose use a conveyance, devise, or dedication
of land has been lawfully made, shall deem that their interest will be
promoted by a sale of the whole or a part of such land, or by a mortgage
thereof, or deed of trust thereon, it shall be lawful for any member of
such church diocese or congregation, in his name and on behalf of the
other members thereof, to prosecute a suit for either of such purposes in
the circuit court of the county, or circuit or corporation court of the city,
in which such land or the greater part thereof lies, against the trustees
or the survivors of them in whom the legal title is; and it shall be lawful
for such court, if a proper case be made, and it appears that the governing
body of the church diocese or the congregation has given its assent thereto
in the mode prescribed by its authorities, and the court be of opinion
that the rights of others will not be violated thereby, to order the sale of
such land or part thereof, or the execution of such mortgage or deed of
trust, and make such disposition of the proceeds of such sale as the
governing body of the church diocese or congregation may desire.

§ 57-15. The trustees of such church diocese, congregation, or church
or religious denomination, or society or branch or division thereof, in whom
is vested the legal title to such land held for any of the purposes mentioned
in § 57-7, may file their petition in the circuit court of the county or
the circuit or corporation court of the city wherein the land, or the
greater part thereof held by them as trustees, lies, or before the judge
of such court in vacation, asking leave to sell, encumber, extend en-
cumbrances, improve, or exchange the land, or a part thereof; and upon
evidence being produced before the court, or the judge thereof in va-
cation, that it is the wish of the congregation, or church or religious
denomination or society, or branch or division thereof, or the constituted
authorities thereof having jurisdiction in the premises, or of the governing
body of any church diocese, to sell, exchange, encumber, extend en-
cumbrances, or improve the property, the court, or the judge thereof in
vacation, shall make such order as may be proper, providing for the
sale of such land, or a part thereof, or that the same may be exchanged,
encumbered, improved, or that encumbrances thereon be extended, and
in case of sale for the proper investment of the proceeds. When any such
religious congregation has become extinct or has ceased to occupy such
property as a place of worship, so that it may be regarded as abandoned
property, the petition may be filed either by the surviving trustee or
trustees, should there be any, or by any one or more member or members
of such congregation, should there be any, or by the religious body which
by the laws of the church or denomination to which the congregation
belongs has the charge or custody of the property, or in which it may
be vested by the laws of such church or denomination; and the court, or
the judge thereof in vacation shall make a decree for the sale of the
property, and the disposition of the proceeds in accordance with the laws
of the denomination and the printed acts of the church or denomination
issued by its authority, embodied in book or pamphlet form, shall be taken
and regarded as the law and acts of such denomination or religious body.
The court, or the judge thereof in vacation, may make such order as to
the costs in all these proceedings as may seem proper.