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Legal Trivia

This is NOT an official site of any denomination, but represents the views of the author only.

DISCLAIMER: This page is based on citations in the Michigan Code, as of 1979. It represents a common-sense interpretation, but may NOT be legally accurate. I hope others will send in examples from their juridictions as well. Hopefully, we can learn from each other. AGAIN, THIS IS AN AMATEUR INTERPRETATION OF THE LAW. IT SHOULD BE CHECKED BY A COMPETENT ATTORNEY.


Constructive Possession of Church Property

29.71-77 These sections govern the use of buildings for public meetings, such as church services. The building must have been inspected and certified as having sufficient exits in case of emergency evacuation. The doors must open outward. Failure to get certified or getting a certificate fraudulently is a misdemeanor. The penalty is a fine of $100-$500, a 90 day - 1 year prison term, or both.

257.224, 226, 715a These sections provide for the registration of church buses, the renewal of such registration, and the inspection of church buses rated for 12 or more passengers.

455.51-63 These sections govern the operation of a campground association. The association is limited to a life of 30 years and can own at most 350 acres of land. It has jurisdiction over all its lands, including streets and highways which pass through its property. The association's responsibilities include the following:

  • Maintain sanitary conditions and purity of water.
  • License conveyors.
  • Protect occupants from fire and disease.
  • Prohibit vice and immorality--no pool tables or bowling alleys.
  • Appoint a marshal, who has the powers of a constable.
  • Regulate butcher shops, meat houses, and glue factories.
  • Prevent dogs and other animals from running free on the property.
  • Prohibit boating on Sundays.

Property damage is a misdemeanor, punishable by a maximum $25 fine, a maximum of 30 days in jail, or both.

Some churches sell pews. 565.30 gives a procedure for registering the deed and stipulates the fee for the service. 600.6023 provides that such pews are exempt from execution resulting from a judgment in court.

554.401-404 governs the situation where a church has been conveyed real estate for a particular use, but it is not following through. After the death of the conveyor, or 10 years after the conveyance, the property reverts to the conveyor or the heirs. The church can file a complaint if the intended use is impractical/impossible and if the the church would be "defeated". If this is established, the land is sold at the highest possible price, and the church buys more suitable property. The purchaser has a clear title, with no restrictions as to use.

450.178-186 governs the incorporation of religious bodies as single entities. Only three people are required to incorporate a church, but there are some interesting limitations on gifts. There is a 10-year limit on the use of real estate. The interest from bonds and mortgages must be used to pay the salaries of ministers.

450.159-162 governs church trustee corporations--groups of religious organizations. The restrictions on gifts doesn't apply, since these are NOT nonprofit corporations.

600.2193 allows churches to recover up to $2500 in civil court from the parents of unemancipated minors (living with the parents) who maliciously or willfully destroy church property. 600.3640 exempts churches from the remedies available from other types of corporations.

From the tax code, 205.54a and 205.94 deal with exemptions from the sales tax and usage tax, respectively. Goods and services purchased by churches, but not for resale or for profit, are not charged sales or usage taxes except where the purchase is for a primarily commercial enterprise or the purchase is a vehicle licensed for highway use.


Maintaining Order in Meetings

750.169 makes it a misdemeanor to disrupt a religious meeting.

752.525-530 prohibit the disturbance or interruption of religious meetings, as well as obstructing passage to places of worship. Within a 2-mile radius, the following are prohibited:

  • selling alcoholic beverages, fruit, or merchandise
  • exhibiting shows
  • racing animals
  • gambling

The penalty is a maximum $25 donation to the library fund, or up to 30 days in jail if the fine isn't paid.

It's the duty of the deacon, among others, to apprehend disturbers and deliver them to the justice of the peace or magistrate.


Ministerial Conduct

168.931e states that it is a misdemeanor to influence voters by threat of excommunication, dismissal or expulsion, or by painof religious disapproval.

By 600.2156, no minister is allowed to disclose confessions made in confidence. 767.5a states that communications between clergy and members of their church is privileged.

800.291, 292 govern ministerial visits in jails. The keeper must schedule regular times for ministerial visits. When prisoners are ill, ministers are allowed to visit and perform rites. When the keeper is satisfied of the minister's credentials, reasonable facilities must be furnished.

801.3 allows ministers to visit prisoners in solitary confinement.




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