C of E holds TEC position on property ownership
It's called "burying the lede."
The other day The Telegraph interviewed the general secretary of the Church of England General Synod. Paragraphs three, four and five:
... today the Church’s most senior official, William Fittall, raised the prospect of a historic compromise.Mr Fittall, secretary general of the General Synod, said it would be “entirely possible” for those who convert to Roman Catholicism to be allowed to share their former churches with Anglicans who remain in the Church of England.
Speaking ahead of a meeting of the General Synod, the Church's "parliament", later this month, Mr Fittall said: “It would be a matter for the local Anglican bishop concerned whether he was content for that to be the case.”In the seventeenth and final paragraph we're told what Mr. Fittall conisders to be the "important thing."
“The important thing is that if people go, they are making decisions as individuals. It is not parishes that decide to go to join the ordinariate, it is individuals. It may be all the members of one parochial church council, but then they don’t go as a PCC, they can’t take the institutions, the offices, or the assets of the Church of England with them.”Thank you to Church Mouse for pointing out that you need to read to the end.The Church of England position is mirrored in The Episcopal Church. As The Most Rev. Katharine Jefferts Schori has repeatedly said,
While individuals have the right and privilege to depart or return at any time, congregations do not. Congregations exist because they are in communion with the bishop of a diocese, through recognition by diocesan governing bodies (diocesan synods, councils, or conventions). Congregations cannot unilaterally disestablish themselves or remove themselves from a diocese. In addition, by canon law, property of all sorts held by parishes is held and must be used for the mission of the Episcopal Church through diocesan bishops and governing bodies. As a Church, we cannot abrogate our interest in such property, as it is a fiduciary and moral duty to preserve such property for generations to come and the ministries to be served both now and in the future.

However, our Presiding Bishop also has stated that she has absolutely no interest in sharing church buildings with those who chose to depart. In fact, I believe she has stated that she would sooner see them de-consecrated and used for other things than be either shared with, or sold to, departing folks.
Posted by Tom Sramek, Jr.
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November 4, 2010 2:27 PM
Tom, can you cite sources for this, please?
Posted by The Rev. Richard E. Helmer
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November 4, 2010 2:28 PM
I may be muddying the water, but once ownership is established, and I believe the Episcopal Church is the rightful owner of church property, even when the whole or a majority of a congregation or of the membership of a diocese chooses to leave TEC, why not a subsequent sharing of the use of the buildings? I realize that shared use may not always be possible or desirable, but it might be an idea worth considering.
June Butler
Posted by GrandmèreMimi
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November 4, 2010 2:48 PM
It strikes me that, regardless of what the Presiding Bishop may or may not have said, renting or sharing parish property with any group is generally left to local (diocesan and parochial) jurisdiction.
Posted by The Rev. Richard E. Helmer
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November 4, 2010 2:56 PM
1. You'll notice that the general secretary's statement about ownership is unequivocal and to the point. In contrast whether RC groups could rent from the continuing CoE parish is given as a response to a leading question. And he states what is the same policy in TEC. It's up to the parish with the consent of the diocese whether to rent to another religious group.
2. In no case where departing TEC members have refused to leave the property have they been willing to rent to the TEC members they have excluded.
Posted by John B. Chilton
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November 4, 2010 3:21 PM
I think you all are overlooking human nature! When a parish splits, the two factions are automatically in a competitive relationship: "Who's got the most people?" "Are more going with them than with us?" "They left the sacristy in a mess last week." "They have more services than we do so they should pay more on the heating bill." "If I don't get my way, I'll just go join the others..." etc., etc. ad infinitum.
And if I were the rector of a "rump" TEC congregation, I would not want me or my people exposed to the reality of that schism day after day and week after week. And, if the building were restored to us (TEC), there'd be a lot more impetus for up-keep and appearance than if it were "common territory".
Not that it matters, but I would never accept a call to be rector of a "remaining" congregation in a shared building.
Posted by John-Julian,OJN
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November 4, 2010 3:26 PM
To say that the Telegraph interviewed the Secretary-General may be an overstatement. There was a public press conference, at which I was also present, and at which the Telegraph reporter asked a couple of questions. The answers given were that the existing normal customs and practices of the CofE would apply in this case, as in all other cases of sharing buildings, of which there are very many examples. But it is all down to each local diocese to decide. This really is a classic case of a manufactured story.
Posted by Simon Sarmiento
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November 7, 2010 5:22 PM
Thanks for the correction, Simon. I hesitated over whether to "interviewed" and should have followed my instinct. Glad we agree it's a manufactured story.
Posted by John B. Chilton
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November 7, 2010 5:45 PM