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Featured Trust clauses

Discussion in 'General Baptist Discussions' started by Rebel, Mar 21, 2015.

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  1. Rebel

    Rebel Active Member

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    Comment on your last paragraph: And they thus abandoned a key Baptist principle.
     
    #21 Rebel, Mar 22, 2015
  2. Revmitchell

    Revmitchell Well-Known Member
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    Folks the purpose in the op is to bash the SBC. Any feigned "offence" was simply a cover for the bigger cause.
     
    #22 Revmitchell, Mar 22, 2015
  3. Rebel

    Rebel Active Member

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    My thread has nothing to do with the SBC, which is irrelevant to me. I was wanting to know how and to what extent Baptist churches used this clause, as compared to other denominations, and also how we might protect our little church without giving up autonomy.

    But I shouldn't be explaining anything to you.

    Once again, my church is not SBC, the SBC is irrelevant to me and to this discussion.
     
    #23 Rebel, Mar 22, 2015
    Last edited by a moderator: Mar 22, 2015
  4. Salty

    Salty 20,000 Posts Club
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    IF the Association owns the property and/or building - it has an obligation to maintain the church in that denomination - whether it be SBC, GARBC, BBF, ect.

    Now if a church, as in most cases, owns the building and property - desire that the church remain in the denomination - they should have a trust statement in the Constitution. That way, when (and we will use the SBC for this example) non-SBC'ers join a SBC church - they will be aware that the church has no intention of leaving the SBC - regardless of how little a minority so chooses (unless a % is specified - ie 90%)

    Therefore church autonomy is being observed.

    Oh, one other thing - when a church remains in the SBC, there will never be any required control from the SBC.

    Rebel - just curious -:
    1) What association are you referring
    2) What Baptist background are you?
     
    #24 Salty, Mar 22, 2015
    Last edited by a moderator: Mar 22, 2015
  5. Rebel

    Rebel Active Member

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    Thanks, Salty. That was a very helpful response.

    I guess we would say that we're independent free will Baptists. Around here, there are SBC churches, National Association of Free Will Baptist churches (our church does not belong to this group), and independent Baptist churches of several kinds. There is a CBF church about two hours or so away, and a General Baptist church also about that far. Those are the ones I know about. We are very rural. To us, a city is any place with 5,000 people. :)

    As for me personally, I would say that I am a moderately conservative independent free will Baptist. :)

    Comparing what you wrote with how another denomination does this: The Church of the Nazarene says that local churches own their property, but in reality they don't because they all are required to have trust clauses in which the district owns the building and grounds. I personally don't agree with this. I had considered going to our local Nazarene church if our little Baptist church closes its doors, but I don't agree with this policy of theirs. I also don't agree with the local church being apportioned for the amount it gives to the denomination instead of voluntarily deciding the amount to give. I guess I'm just too Baptist! :)
     
    #25 Rebel, Mar 22, 2015
    Last edited by a moderator: Mar 22, 2015
  6. Salty

    Salty 20,000 Posts Club
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    The only requirement to give to the SBC or an association would be for the privilege to vote at one of its meetings. Otherwise, if a church does not give - then no big deal.
     
    #26 Salty, Mar 22, 2015
  7. Salty

    Salty 20,000 Posts Club
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    added:
    I was pastor of a Free will Baptist, near Princeton, WV.
     
    #27 Salty, Mar 22, 2015
  8. Rebel

    Rebel Active Member

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    Really? Thanks for that information! Are there many Free Will Baptists in WV?
     
    #28 Rebel, Mar 22, 2015
  9. Salty

    Salty 20,000 Posts Club
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    No, it was a small denomination. I was only there for about 6 months - I was more of an intern.
    For the past decade I have been SBC.
     
    #29 Salty, Mar 22, 2015
  10. Rebel

    Rebel Active Member

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    Okay, thanks!
     
    #30 Rebel, Mar 22, 2015
  11. Zenas

    Zenas Active Member

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    The principles set forth in that decision are only binding on churches in North Carolina. It seems that the Court looked at the customs and doctrines of the church before the split and compared them to the customs and doctrines of the new majority after the split and found them to be radically different. The Court also looked at the terms of the 1894 deed to the church property which contained the terms, "upon this special trust that the trustees shall hold and possess said land for the especial use and behoof and benefit of the Missionary Baptist Church (white) of Rocky Mount and none other." These deed conditions did little to resolve the issue at hand but the fact that the Court looked at them suggests that their terms would be dispositive if they were sufficiently explicit.

    Since the deed was not dispositive in this instance, the Court applied North Carolina law to hold that the faithful minority still held title to the church's property. In doing so the Court made much of the fact that the church had not merely gone independent. It had transferred its affiliation to the General Association of Regular Baptist Churches, which it characterized as a different denomination. Here is the operative language of that opinion:
    So it would seem that if a Baptist church in North Carolina splits over the color of the carpet, the majority rules. However, if it splits over doctrinal beliefs, those who adhere to the church's original beliefs will win.
     
    #31 Zenas, Mar 22, 2015
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