Michigan Compiled Laws

Mich. Comp. Laws § 458.104 (2026)

Trustees; subject to control of church; purchase and sale of realty.

✓ current as of July 2026

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BAPTIST CHURCHES

Act 54 of 1899

458.104 Trustees; subject to control of church; purchase and sale of realty.

Sec. 4.

The trustees shall be subject, in all their official duties, to the control and direction of the church, and in case the church shall desire to buy, sell or lease real estate, then a notice declaring such desire and intention, which shall designate the property to be bought, sold or leased, shall be read at the regular church or covenant meeting next preceding the regular meeting, at which final action shall be taken authorizing such purchase, sale or lease; and after such authority shall have been so granted by the church, the trustees shall have full power to purchase, sell or lease such real estate upon such terms and conditions as shall not be inconsistent with the instructions given by the church.

History: 1899, Act 54, Imd. Eff. May 2, 1899 ;-- CL 1915, 10945 ;-- CL 1929, 10904 ;-- CL 1948, 458.104

Notes of Decisions

Cited in 2 cases, 1966–1982 · leading case: Brooks v. January, 321 N.W.2d 823 (Mich. Ct. App. 1982).

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Brooks v. January, 321 N.W.2d 823 (Mich. Ct. App. 1982). “MCL 458.104; MSA 21.1784. At a church meeting held on May 7, 1977, by unanimous vote of the 18 members in attendance at the meeting, defendant was given authority to "sign the necessary papers to purchase the Church at 4455 Barham”, and "to conduct all business matters relating…”

Miller v. McClung, 145 N.W.2d 473 (Mich. Ct. App. 1966). “According to CL 1948, §458.104 (Stat Ann 1963 Rev § 21.1784), 3 notice of desire and intention to buy and sell church property must be read at the church meeting preceding that at which final action authorizing such contemplated transaction takes place.”

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