Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
- Search Minnesota Statutes
- About Minnesota Statutes
- 2006 Statutes New, Amended or Repealed
- 2006 Table of Chapters
- 2006 Statutes Topics (Index)
Chapter 315
Section 315.12
Topics
This is an historical version of this statute chapter. Also view the most recent published version.
315.12 SALE OR ENCUMBRANCE OF REAL ESTATE.
A religious corporation organized under this chapter, by and through its trustees, may sell
and convey, encumber, or otherwise dispose of real estate. To do so, the trustees must first be
authorized by resolution of the society adopted by a two-thirds vote of the members present and
voting at a meeting called for that purpose. Notice of the time, place, and object of the meeting
must be given for at least four successive Sabbaths immediately before it on which the society
statedly meets for public worship. When a religious society ceases to have stated meetings for
public worship, or is unable to give notice of the time and place of the meeting, the corporation
may make the sale, conveyance, or encumbrance by its trustees, upon being authorized by
resolution adopted at a meeting of which at least 20 days' posted notice has been given. If the
society has, for any reason, ceased to exist, for a period of one year, the corporation may sell and
convey its property by its trustees upon giving at least 20 days' posted notice upon the premises of
its intention to do so. Proof of nonexistence, notice, meeting, and the adoption of resolution may
be made by the affidavit of a trustee or member of the society cognizant of them. The affidavit
must be recorded with the county recorder where the certificate of incorporation was recorded, and
the affidavit and record, or certified copies of it, are presumptive evidence of the facts they contain.
No person shall vote at a meeting called to authorize the trustees to sell, convey, encumber,
or dispose of the corporation's real estate unless the person is a member of the religious body.
No religious corporation shall sell, transfer, or otherwise dispose of its real estate except as
provided by the denominational rules and certificates of association of the society as it appears
of record in the office of the county recorder of the county. This section does not limit sections
500.01 to 500.20.
History: (7969) RL s 3138; 1925 c 194 s 1; 1976 c 181 s 2; 1985 c 265 art 5 s 1
A religious corporation organized under this chapter, by and through its trustees, may sell
and convey, encumber, or otherwise dispose of real estate. To do so, the trustees must first be
authorized by resolution of the society adopted by a two-thirds vote of the members present and
voting at a meeting called for that purpose. Notice of the time, place, and object of the meeting
must be given for at least four successive Sabbaths immediately before it on which the society
statedly meets for public worship. When a religious society ceases to have stated meetings for
public worship, or is unable to give notice of the time and place of the meeting, the corporation
may make the sale, conveyance, or encumbrance by its trustees, upon being authorized by
resolution adopted at a meeting of which at least 20 days' posted notice has been given. If the
society has, for any reason, ceased to exist, for a period of one year, the corporation may sell and
convey its property by its trustees upon giving at least 20 days' posted notice upon the premises of
its intention to do so. Proof of nonexistence, notice, meeting, and the adoption of resolution may
be made by the affidavit of a trustee or member of the society cognizant of them. The affidavit
must be recorded with the county recorder where the certificate of incorporation was recorded, and
the affidavit and record, or certified copies of it, are presumptive evidence of the facts they contain.
No person shall vote at a meeting called to authorize the trustees to sell, convey, encumber,
or dispose of the corporation's real estate unless the person is a member of the religious body.
No religious corporation shall sell, transfer, or otherwise dispose of its real estate except as
provided by the denominational rules and certificates of association of the society as it appears
of record in the office of the county recorder of the county. This section does not limit sections
500.01 to 500.20.
History: (7969) RL s 3138; 1925 c 194 s 1; 1976 c 181 s 2; 1985 c 265 art 5 s 1
Official Publication of the State of Minnesota
Revisor of Statutes