Colorado § 7-50-106 - Property vests in corporation.

§ 7-50-106. Property vests in corporation.

Upon the due and lawful incorporation of any congregation, parish, church, or society, such corporation shall be entitled to all the real and personal property held by any person or trustees in trust for the use of the members thereof and immediately upon incorporation shall be entitled to a deed of conveyance to be executed by the person holding such property in trust, in order to vest the title thereto in the corporation. Such deed of conveyance shall state the object and purposes of the trust to be carried out according to the purpose and intent of its creation, which deed shall be recorded after the manner of conveyances in general, so that the title and trust declared may duly appear of record. Any self-supporting congregation, parish, church, or society may vest its real estate and personal property in such general incorporations as are provided for in section 7-50-109; except that, if the authorities of any church, sect, or religious body have caused a corporation to be formed for general missions and other purposes, as provided in this article, and it is in accordance with the usages and customs of the church, sect, or religious body to vest the property of mission stations in such corporation, then all such property that may have been held by any person or trustees for the use of the mission stations shall be vested in said general corporation; and whenever any mission station, from change of population or other cause, is suspended or abandoned, the general corporation, in its discretion, may sell or otherwise dispose of all such mission property, the proceeds of such sale or disposal to be used for the benefit of said church, sect, or religious body in the state of Colorado.

Source: G.L. § 232. L. 1881: p. 65, § 1. G.S. § 375. R.S. 08: § 1023. C.L. § 2389. CSA: C. 41, § 182. CRS 53: § 31-21-6. C.R.S. 1963: § 31-20-6. L. 2003: Entire section amended, p. 2212, § 43, effective July 1, 2004.

ANNOTATION

"Formal title" approach to resolving church property disputes. In resolving church property disputes, the appellate court applies the neutral principles approach, specifically the "formal title" approach. On this basis, the court can determine ownership by studying deeds, reverter clauses, and general state corporation laws. Dickey v. Snodgrass, 673 P.2d 51 (Colo. App. 1983).