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2018 Georgia Code 14-5-47 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 14-5-47 Case Law from Google Scholar Amendments to OCGA 14-5-47

TITLE 14 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Section 5. Miscellaneous Provisions Relating to Corporations, 14-5-1 through 14-5-51.

ARTICLE 3 CORPORATIONS ORGANIZED FOR RELIGIOUS, FRATERNAL, OR EDUCATIONAL PURPOSES

14-5-47. Authority of churches or religious societies over trustees holding land for their use.

All trustees to whom conveyances are or shall be executed, for the purposes expressed in Code Section 14-5-46, shall be subject to the authority of the church or religious society for which they hold the same in trust and may be expelled from said trust by such church or society, according to the form of government or rules of discipline by which they may be governed.

(Laws 1805, Cobb's 1851 Digest, p. 899; Code 1873, § 2344; Code 1882, § 2344; Civil Code 1895, § 2354; Civil Code 1910, § 2827; Code 1933, § 22-410; Code 1933, § 22-5508, enacted by Ga. L. 1968, p. 565, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 22-410, are included in the annotations for this Code section.

Trustee subject to authority of church or society.

- Deeds of conveyance to trustees or other persons for the use of a church or religious society vest the interest conveyed to be held in the church or its trustees for its use according to the mode of church government or rules of discipline exercised by such churches or religious societies, the trustees being subject to the authority of such church or society according to the rules of discipline by which it may be governed. Switzerland Gen. Ins. Co. v. Conoway, 115 Ga. App. 533, 154 S.E.2d 796 (1967) (decided under former Code 1933, § 22-410).

Trustee had no authority to act.

- In a quiet title action involving church property, the trial court erred in making the legal conclusion that the founding pastor held the church property in fee simple absolute instead of in trust for and on behalf of the religious corporation as Georgia law expressly authorizes the creation of religious land trusts and the deed expressly referred to the pastor as a trustee. As such, the trial court erred in ruling that fee simple absolute title to the property vested in another congregation by virtue of a 1998 warranty deed executed by the pastor as the pastor had no legal authority to transfer the property without the consent and approval of the religious corporation. Second Refuge Church of Our Lord Jesus Christ, Inc. v. Lollar, 282 Ga. 721, 653 S.E.2d 462 (2007).

Trustee's power to convey.

- A trustee of church property ordinarily has no power to convey the trust estate unless such power is conferred by the instrument creating the trust, or under an order of court in a proper proceeding, or when duly authorized by the organic law of the religious society. Switzerland Gen. Ins. Co. v. Conoway, 115 Ga. App. 533, 154 S.E.2d 796 (1967) (decided under former Code 1933, § 22-410).

Statute inapplicable when no deed of conveyance.

- O.C.G.A. §§ 14-5-46 and14-5-47 were not applicable to a national church's action to quiet title in property held by a local church because there was no deed of conveyance to the trustees of the local church; two recorded title affidavits executed by lifetime attendees of the local church, one 79 years old and the other 80, asserted there had never been a question concerning the church's right of ownership of the property, but recorded affidavits relating to land are not conveyances or a legal proceeding by which one could attack the title to realty or cure a defect in the title, O.C.G.A. § 44-2-20. Kemp v. Neal, 288 Ga. 324, 704 S.E.2d 175 (2010).

Neutral principles.

- In a church property dispute between majority and minority factions of a local congregation, neutral principles of law, including the governing documents of the local and general churches, the title instruments, and the policy reflected in O.C.G.A. §§ 14-5-46 and14-5-47 showed that the property was impressed with an implied trust in favor of the Episcopal Church. Accordingly, summary judgment in favor of the Episcopal Church, the Georgia diocese, and a minority faction was proper because the Georgia bishop recognized the minority faction as the true church entitled to control of the church property. Rector v. Bishop of the Episcopal Diocese of Ga., Inc., 290 Ga. 95, 718 S.E.2d 237 (2011), cert. dismissed, 566 U.S. 1007, 132 S. Ct. 2439, 182 L. Ed. 2d 1059 (2012).

In a church property dispute, neutral principles of law, derived from the governing documents adopted by local and national churches, supported by the policy reflected in O.C.G.A. §§ 14-5-46 and14-5-47, and not contradicted by the deeds at issue, demonstrated that an implied trust in favor of the Presbyterian Church of the U.S.A. existed on a local church's property to which a corporation held legal title. Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., 290 Ga. 272, 719 S.E.2d 446 (2011), cert. denied, 567 U.S. 916, 132 S. Ct. 2772, 183 L. Ed. 2d 638 (2012).

Cited in Carnes v. Smith, 236 Ga. 30, 222 S.E.2d 322 (1976); Jones v. Wolf, 443 U.S. 595, 99 S. Ct. 3020, 61 L. Ed. 2d 775 (1979).

Cases Citing O.C.G.A. § 14-5-47

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Second Refuge Church of Our Lord Jesus Christ, Inc. v. Lollar, 653 S.E.2d 462 (Ga. 2007).

Cited 33 times | Published | Supreme Court of Georgia | Nov 21, 2007 | 282 Ga. 721, 2007 Fulton County D. Rep. 3601

...Young, 203 Ga. 121, 122, 45 S.E.2d 643 (1947). [12] Huger v. Protestant Episcopal Church in Diocese of Georgia, 137 Ga. 205, 206, 73 S.E. 385 (1911); Beckwith v. Rector, Wardens & Vestrymen of St. Philip's Parish, 69 Ga. 564, 564 (1882). [13] OCGA § 14-5-47; Myrick v....
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Presbytery of Greater Atlanta, Inc. v. Timberridge Presbyterian Church, Inc., 719 S.E.2d 446 (Ga. 2011).

Cited 18 times | Published | Supreme Court of Georgia | Nov 21, 2011 | 290 Ga. 272, 2011 Fulton County D. Rep. 4008

...g property for the purpose of erecting a church building and therefore did not apply to the deed in question, which conveyed property for the purpose of erecting both church and school buildings). Instead, we appear to have viewed OCGA §§ 14-5-46, 14-5-47, and their predecessors, which date back more than two centuries, see Ga....
...For the reasons stated in this dissent, it is time to reform the standard employed. NOTES [1] The parties do not dispute that the Presbyterian Church (U.S.A.) is a hierarchical denomination. See Timberridge, 307 Ga.App. at 192, 705 S.E.2d 262. [2] When a conveyance that falls within OCGA § 14-5-46 is made to trustees, OCGA § 14-5-47 provides: All trustees to whom conveyances are or shall be executed, for the purposes expressed in Code Section 14-5-46, shall be subject to the authority of the church or religious society for which they hold the same in trust and may be...
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Kemp v. Neal, 704 S.E.2d 175 (Ga. 2010).

Cited 17 times | Published | Supreme Court of Georgia | Nov 30, 2010 | 288 Ga. 324, 2010 Fulton County D. Rep. 3907

...uted for the use of a church or religious society are subject to the authority of the church for which they hold same in trust and may be expelled from that trust according to the rules of discipline by which they may be governed (OCGA §§ 14-5-46, 14-5-47), these statutes are not applicable to the case before us because there is no deed of conveyance to the trustees of Williams Chapel....
...The statutes and the provisions of the Book of Discipline relied upon by Presiding Justice Carley's dissent speak in terms of deeds and documents of conveyance when discussing express and implied trusts of real property used for church purposes. See OCGA §§ 14-5-46, 14-5-47....
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Holiness Baptist Ass'n, Inc. v. Barber, 552 S.E.2d 90 (Ga. 2001).

Cited 16 times | Published | Supreme Court of Georgia | Sep 17, 2001 | 274 Ga. 357, 2001 Fulton County D. Rep. 2839

...ociation's discipline. Such discipline unquestionably provides that the Association "shall hold all church property," thereby implying a trust for the benefit of the Association. [7] Crumbley v. Solomon at 345, 254 S.E.2d 330; see OCGA §§ 14-5-46; 14-5-47....
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Rector of Christ Church v. Bishop of Episcopal Diocese of Georgia, Inc., 718 S.E.2d 237 (Ga. 2011).

Cited 10 times | Published | Supreme Court of Georgia | Nov 21, 2011 | 290 Ga. 95, 2011 Fulton County D. Rep. 3631

...See Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of Episcopal Diocese of Georgia, Inc., 305 Ga.App. 87, 699 S.E.2d 45 (2010) (" Christ Church v. Bishop "). Both the trial court and the Court of Appeals relied in part on OCGA §§ 14-5-46 and 14-5-47 in concluding that the property of Christ Church is impressed with an implied trust in favor of the Episcopal Church. We granted CCS's petition for certiorari to decide whether the trial court and the Court of Appeals erred in applying the neutral principles doctrine, particularly with respect to OCGA §§ 14-5-46 and 14-5-47. As explained below, although those courts may have erred to some extent in their reliance on OCGA §§ 14-5-46 and 14-5-47, they correctly concluded that neutral principles of law show that the property of Christ Church at issue is held in trust for the benefit of the Episcopal Church....
...Given that the instruments of title neither include nor prohibit a trust in favor of the general church, they have a limited role in the neutral principles analysis in this case, and so we turn to consideration of other neutral principles. See id. (b) Statutes. (1) OCGA §§ 14-5-46 and 14-5-47....
...by them or their trustees for their use by succession, according to the mode of church government or rules of discipline exercised by such churches or religious societies. When a conveyance that falls within OCGA § 14-5-46 is made to trustees, OCGA § 14-5-47 also applies: All trustees to whom conveyances are or shall be executed, for the purposes expressed in Code Section 14-5-46, shall be subject to the authority of the church or religious society for which they hold the same in trust and may be expelled from said trust by such church or society, according to the form of government or rules of discipline by which they may be governed. The trial court and the Court of Appeals held that OCGA §§ 14-5-46 and 14-5-47 apply to Christ Church's property and support the conclusion that the property is subject to a trust in favor of the Episcopal Church due to "the mode of church government [and] rules of discipline" of the Episcopal Church and the Georgia Diocese....
...CCS offers at least eight arguments why these two statutes, which date back more than two centuries, see Ga. Laws 1805, pp. 15-16, are inapplicable by their terms, purpose, or historical context. [5] One or more of CCS's arguments against directly applying OCGA §§ 14-5-46 and 14-5-47 to some or all of the property at issue in this case may have merit....
...at ___ - ___, ___ S.E.2d ___ (citing Holiness Baptist Assn. v. Barber, 274 Ga. 357, 358-359, 552 S.E.2d 90 (2001); Crumbley v. Solomon, 243 Ga. 343, 344-345, 254 S.E.2d 330 (1979); and Carnes, 236 Ga. at 37-38, 222 S.E.2d 322). We have treated OCGA §§ 14-5-46 and 14-5-47 and their predecessors as expressing this State's policy of looking to "the mode of church government or rules of discipline" in resolving church property disputes—a policy fully consistent with Jones v....
...Wolf, 443 U.S. at 602-606, 99 S.Ct. 3020). See also Barber, 274 Ga. at 359, 552 S.E.2d 90; Jones v. Wolf, 244 Ga. 388, 389, 260 S.E.2d 84 (1979) (" Jones II ") (on remand from the U.S. Supreme Court, "applying [the predecessors *244 to OCGA §§ 14-5-46 and 14-5-47] to the present litigation" by looking to "church documents" to the extent they assist in determining "which persons have the right to enjoy and to use the church property in the event of a schism at the local level"); Carnes, 236 Ga....
...in original)). Indeed, in discussing the neutral principles approach, the Jones v. Wolf Court focused on "the state statutes governing the holding of church property, " 443 U.S. at 603, 99 S.Ct. 3020 (emphasis added), of which OCGA §§ 14-5-46 and 14-5-47 are the most prominent in Georgia's Code....
...and general church." Carnes, 236 Ga. at 35, 222 S.E.2d 322. Instead, our decision derives from the specific provisions of the governing documents adopted by the local and national churches, supported by the policy reflected in OCGA §§ 14-5-46 and 14-5-47 and not contradicted by the title instruments at issue....
...d and the right to own property from us and we have taken the economy down the same trajectory we take the legal protection of our property. Even the language of the two state statutes that the majority claims to have followed, OCGA §§ 14-5-46 and 14-5-47, are used only after the statutory language is changed by filtering these statutes through prior cases that all parties agree misinterpreted these statutes to say what they do not say....
...gia property and trust law regarding churches. The only problem with this approach is that all parties agree that the plain language of the statute does not allow for referencing church organization and discipline (the Dennis Canon). Similarly, OCGA § 14-5-47 by its clear terms applies only to deeds to a trustee. Since trustees are not involved in the deeds to CCS, OCGA § 14-5-47 does not apply to these facts....
...ication. After summarily discounting the value of examining deeds and other instruments of title as neutral principles here, the majority proceeds to misapply three state statutes, each one a neutral principle under Jones, namely—OCGA §§ 14-5-46, 14-5-47, and 53-12-20....
...In the topsy-turvy world envisioned by the majority opinion, for what reason would an entity like CCS ever decide to buy or improve property for the benefit of the local community if it would lose its property contrary to the terms of any Georgia statute? B. OCGA §§ 14-5-46 and 14-5-47 Today's majority opinion also misapplies the statutory language of OCGA §§ 14-5-46 and 14-5-47 in a manner that belies the United States Supreme Court's explanation of neutral principles of law in Jones....
...In any event, the Dennis Canon does not provide for the succession of trustees and is nowhere even claimed to be incorporated except by this last phrase of OCGA § 14-5-46, which has no application to this case. The majority opinion also misunderstands the unambiguous language of OCGA § 14-5-47, which states that: *274 All trustees to whom conveyances are or shall be executed, for the purposes expressed in Code Section 14-5-46, shall be subject to the authority of the church or religious society for which they hold the same in trust and may be expelled from said trust by such church or society, according to the form of government or rules of discipline by which they may be governed. OCGA § 14-5-47, by its plain and unambiguous terms applies when, and only when, there is a conveyance to trustees. Because there are no trustees identified in CCS deeds, OCGA § 14-5-47 is wholly irrelevant to the facts of this case. Perplexingly, however, the majority largely ignores the unambiguous statutory language and instead bases its analysis of OCGA §§ 14-5-46 and 14-5-47 on prior case law....
...ning documents is not a neutral principle under Jones. Moreover, prior cases, including Carnes, that rely on what all parties now agree is the mistaken statutory interpretation of OCGA § 14-5-46 *278 are not neutral principles of law. Further, OCGA § 14-5-47, which by its plain unambiguous terms applies only when there is a conveyance to trustees, is a neutral principle. But, prior cases that hold that this code section applies to deeds that do not convey title to trustees are not neutral principles. Thus, OCGA § 14-5-47 has no application to the facts of this case. Nevertheless, the majority relies on cases misapplying both OCGA § 14-5-46 and OCGA § 14-5-47 as controlling "policy" or, in fact, neutral principles here....
...grants to incorporated churches; there was no need to pass this statute to validate another one (the 1789 Act granting land to Christ Church). Fifth, legislatures are presumed not to pass redundant laws, and the predecessor to OCGA §§ 14-5-46 and 14-5-47 was unnecessary for congregations incorporated prior to 1803, which were legally cognizable entities to which the General Assembly had already secured property....