Whenever the governing body of any church diocese or any religious congregation whose property is held by trustees, 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 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.
Code 1919, § 45; 1962, c. 516; 2005, c. 772.
Structure Code of Virginia
Title 57 - Religious and Charitable Matters; Cemeteries
Chapter 2 - Church Property; Benevolent Associations and Objects
§ 57-3. Appropriation of glebe lands and church property
§ 57-4. Donations to vestries for charitable purposes
§ 57-5. R. E. Lee Camp; Pelham Chapel
§ 57-6. Lee Memorial Association
§ 57-6.1. Validity of literary, educational, and charitable gifts, grants, devises, or bequests
§ 57-7.1. What transfers for religious purposes valid
§ 57-9. How property rights determined on division of church or society
§ 57-10. How trustees to hold personal property
§ 57-11. Suits by and against trustees
§ 57-13. Suits by members against trustees to compel proper application of property
§ 57-14. Suits by members to have land sold or mortgaged
§ 57-15. Proceedings by trustees or members for similar purposes, exception for certain transfers
§ 57-15.1. Order may provide that fiscal officer may sign instrument without personal liability
§ 57-16. Property held, etc., by ecclesiastical officers
§ 57-16.1. Property of unincorporated church held by corporation
§ 57-17. Conveyance of church land held in adverse possession
§ 57-18. Conveyance for charitable purpose to unincorporated bodies or societies
§ 57-19. Conveyances of land to benevolent and other associations to be subject to certain sections
§ 57-20. Quantity of land benevolent and other associations may hold