CHAPTER 308

An Act to amend and reenact §§ 57-12 and 57-16, as amended, of the
Code of Virginia, relating to the quantity of real and personal estate
trustees may hold for religious purposes and the holding of property
by ecclesiastical officers.

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Be it enacted by the General Assembly of Virginia:

1. That §§ 57-12 and 57-16, as amended, of the Code of Virginia t
amended and reenacted as follows:

§ 57-12. Such trustees shall not take or hold at any one time mo)
than four acres of land in a city or town, nor more than * two hundred fifi
acres outside of a city or town and within the same county; provided thi
the city or town council of any city or town may by ordinance authori:
such trustees to take and hold in such city or town not exceeding twent
acres of Jand at any one time if such acreage is to be devoted exclusivel
and is subsequently so devoted, to a church building, chapel, offices exch
sively used for administrative purposes of the church, a Sunday-scho
building and playgrounds therefor, and parking lots for the convenience ¢
those attending any of the foregoing, and a church manse, parsonage
rectory; and provided further that the trustees of a church diocese ma
take or hold not more than * two hundred fifty acres in any one county :
any one time; and they shall not take nor hold * money, securities or othe
personal estate * to the extent that such taking or holding causes tl
money, securities or other personal estate held at the time of taking t
such trustees to exceed in the aggregate, exclusive of the books and furn
ture aforesaid, the sum of * five million dollars; provided, that where tv
or more religious congregations, churches, or religious societies shall mers
or consolidate, such religious congregation, church or religious society §
merged or consolidated, shall have three years’ time within which to di
pose of its land in excess of that which it is permitted to hold under th
section.

Land taken or held outside of a city or town shall always be considere
as such for the purposes of this article although such land later becom
part of a city or town through annexation or otherwise.

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

§ 57-16. (1) How property acquired, held, transferred, etc.—Whe
ever the laws, rules or ecclesiastic polity of any church or religious sec
society or denomination commits to its duly elected or appointed bisho
minister or other ecclesiastical officer, authority to administer its affair
such duly elected or appointed bishop, minister or other ecclesiastic
officer shall have power to acquire by deed, devise, gift, purchase or othe
wise, any rea] or personal property, for any purpose authorized and pe
mitted by its laws, rules or ecclesiastic polity, and not prohibited by tt
laws of Virginia, and the power to hold, improve, mortgage, sell and co!
vey the same in accordance with such laws, rules and ecclesiastic polit
and in accordance with the laws of Virginia.

(2) Transfer, removal, resignation or death of ecclesiastical of
cer.—In the event of the transfer, removal, resignation or death of aI
such bishop, minister, or other ecclesiastical officer, the title and all righ
with respect to any such property shall pass to and become vested in h
duly elected or appointed successor immediately upon election or appoin
ment, and pending election or appointment of such successor, such tit
and rights shall be vested in such person or persons as shall be designate
by the laws, rules, or ecclesiastical polity of such church or religious sec
society or denomination.
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 ecclesiastic 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 suc-
cessor, by the laws, rules or ecclesiastic polity of any such church or re-
ligious sect, society or denomination, either by written instruments or
solely by virtue of the election or appointment 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 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 Common-
wealth, 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
appointed bishop, minister or other ecclesiastical officer authorized to
administer 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 * land, money, securities or other personal estate
than authorized under the provisions of § 57-12, as amended from time

ime.

(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.