Why take the time to post or read laws more than 70 years old? The period before 1930 was an extremely busy time for the American Catholic Church. The vast majority of American dioceses were created before 1930. Therefore, most of the parishes in the U.S., even those created after 1930, were established in systems already in place.

A researcher interested in questions of the ownership and legal status of his or her parish property thus needs to know the system under which it was created. These systems varied and vary still according to states’ laws and sometimes according to particular arrangements for the prelates of certain large individual sees. So, for example, the Archbishops of Boston, Charleston, Chicago, New York and Providence are corporations sole even though their states’ laws allow incorporation of Roman Catholic property under other systems.

Christine M. Roussel

_____________________________

From A History of the Legal Incorporation of Catholic Church Property in the United States (1784-1932) by Rev. Patrick J. Dignan, Ph.D. (P. J. Kenedy Son, 1935), pages 245-62.

1. Alabama.

Any bishop of a diocese consisting wholly or in part of territory in Alabama, may become a corporation sole, with the power and authority hereinafter defined . . . .

A bishop who has become a corporation sole pursuant to this article, shall be authorized to appoint an administrator to act for such corporation during such time as the bishopric shall for any reason be vacant. In the event a vacancy should occur in such bishopric and no administrator shall have been appointed, then the ecclesiastical authority to whom such bishop is spiritually subject shall have authority to appoint such administrator.

2. Arizona.

Any person in whom shall be vested the legal title to the property of any church or religious society, in conformity with its constitution, canons, rites or regulations may make and subscribe written articles of incorporation . . . .

Upon making and filing for record articles of incorporation as herein provided, the person subscribing the same . . . shall thereafter be deemed a corporation sole. . . .

In case of the death, resignation or removal of any person who, at the time of his death, resignation or removal, was holding the title to property for the use or benefit of any church or religious society not incorporated as a corporation sole, the title to all such property held by him, shall not revert to the donor, nor vest in the heirs of such deceased person, but shall be deemed to be in abeyance . . . until his successor is duly appointed.

3. Arkansas.

All lands and tenements, not exceeding forty acres, that have been or hereafter may be conveyed by purchase to any person or persons as trustee or trustees in trust for the use of any religious society within this State, either for a meeting-house, burying-ground . . . shall descend, with the improvements and appurtenances, in perpetual succession, in trust to such trustees as shall from time to time be elected or appointed by any such religious society according to the rules and regulations of such society.

4. California.

A corporation sole may be formed hereunder by the bishop, chief priest, presiding elder or for the purpose of administering and managing the affairs and property of such religious organization.

The articles of incorporation shall state:

The manner in which any vacancy occurring in the office of the bishop . . . is required to be filled by the rules, regulations or constitution of the denomination, society or church.

Any judge of the superior court in the county in which a corporation sole has its principal office shall at all times have access to the books of such corporation.

5. Colorado.

Any church may become incorporated:

By electing or appointing, according to its usages or customs, at any meeting held for that purpose, two or more of its members as directors, trustees, wardens or vestrymen (or such other officers whose power and duties are similar to those of trustees as shall be agreeable to the usages and customs . . . of such congregation, church or society), and may adopt a corporate name, and upon the filing of the affidavit as hereinafter provided, it shall be and remain a body politic and corporate by the name so adopted.

6. Connecticut.

There is a special section for the Roman Catholic Church:

A corporation may be organized in connection with any Roman Catholic church or congregation in this state, by filing in the office of the secretary of state a certificate signed by the bishop and the vicar-general of the diocese of Hartford and the pastor and two laymen belonging to such congregation . . . .

Such corporation shall at all times be subject to the general laws and discipline of the Roman Catholic Church .

7. Delaware.

There is a special section for the Roman Catholic Church:

In every congregation of the denomination of Christians known as the ‘Roman Catholic Church’ the Ordinary of the Diocese and the Pastor of the said congregation for the time being, according to the practice and discipline of the said Church, and one other person to be annually designated by said Ordinary, and two other persons to be annually elected by the male pewholders of the said congregation from among their number . . . shall be constituted a body politic and corporate . . . .

The pastor of the congregation for the time being . . . shall always be president. It shall have power to frame such rules and ordinances for the orderly conduct of divine worship . . . as a majority of the corporation may deem from time to time necessary; provided that the same shall not conflict with . . . the discipline and practice of the denomination aforesaid.

No grant, conveyance, devise or lease of personal or real estate to, nor any trust of such personal or real estate for the benefit of any person, and his successor or successors in any ecclesiastical office, shall vest any estate or interest in any such person or his successor . . . .

No grant . . . intended to be dedicated or appropriated to purposes of religious worship . . . shall vest any right . . . in any person . . . unless such grant, conveyance, devise or lease shall be made both in form and in fact, to a corporation organized according to the provisions of the law of this State.

8. District of Columbia.

Such society or congregation may assume a name, and any number of trustees, not exceeding ten, who shall be styled trustees of such society or congregation by the name so assumed, may be elected or appointed according to the rules or discipline governing the church or denomination to which said society or congregation may belong.

9. Florida.

Any five or more persons, wishing to form a religious society, lodge of masons, or any other similar order, debating or literary society, may become incorporated . . . by presenting to the judge of the circuit court a proposed charter subscribed by the intended incorporators, containing among other things, the names of the officers who are to manage all the affairs until the first election or appointment under the charter.

10. Georgia.

The Superior court, upon the petition of one or more discreet and proper persons, showing that a school, academy, college, university or church has been, or is about to be established . . . and asking for corporate authority to enforce good order . . . may grant such person or persons and their legal successors such corporate powers as may be suitable and not inconsistent with the laws of this State. . . .

All trustees to whom conveyances are or shall be made . . . 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 same trust by such church or society, according to the form of government or rules of discipline by which they may be governed.

11. Idaho.

Any person being the archbishop, bishop, president . . . of any church or religious body, who shall have been duly chosen, elected or appointed, in conformity with the constitution . . . or discipline of said church . . . may make and subscribe written articles in duplicate, and acknowledge the same before some officer authorized to take acknowledgments, and file one of such articles in the office of the secretary of state and retain possession of the other.

In the event of the death or resignation of any such archbishop, bishop . . . or of his removal therefrom by the person or body having the authority to remove him when such person is at the time a corporation sole, his successor in office as such corporation sole, shall be vested with the title to any and all property held by his predecessor. . . .

12. Illinois.

It shall be lawful for any congregation, church or society, now or hereafter existing in the State of Illinois, and which is under the patronage, control, direction or supervision of any ecclesiastical body, diocesan, or like ecclesiastical officer, agreeable to the laws thereof to become incorporated. . . . Such ecclesiastical body, diocesan or like ecclesiastical officer may nominate and appoint according to the usages, customs, rules, regulations, articles of association, constitution by-laws or canons of any ecclesiastical body, diocesan or like ecclesiastical officer, or sect, or denomination, two or more of the members of such sect, or denomination, residing within any ecclesiastical district, or diocese, to act with the presiding officer . . . or with the diocesan, or like ecclesiastical officer. . . . The presiding officer . . . or like ecclesiastical officer . . . shall, by virtue of his office, be a trustee of any congregation, church or society, which shall hereafter be incorporated.

By a special law of 1845, (amended 1861) the bishop of Chicago was made a corporation sole.

13. Indiana.

Although there are special provisions for the Baptists, Congregationalists and Protestant Episcopal Church, for which a diocesan corporation composed of the bishop, treasurer, and chancellor, and two or more laymen is allowed, no such provision is made for the Catholic Church:

The wardens and vestrymen of any parish, or congregation of any church in this state requiring the services of such officers and agents . . . shall, in conjunction with the rector of such parish or congregation, constitute and be deemed a body corporate. . . .

. . . [T]he rector of any parish, church or congregation shall be, ex-officio, a member of the vestry of the same, according to the rules, regulations and form of government of the church.

14. Iowa.

Any three or more persons of full age, a majority of whom shall be citizens of the state, may incorporate themselves for the establishment of churches, colleges, . . . or organizations of a benevolent, charitable, scientific, political, athletic, military, or religious character, by signing, acknowledging, and filing for record with the county recorder . . . articles of incorporation. . . .

Such incorporation may, annually or oftener, elect from its members its trustees, directors or managers at such time and place and in such manner as may be specified in its by-laws who shall have the control and management of its affairs and funds, a majority of whom shall constitute a quorum for the transaction of business. . . . When the corporation consists of the trustees, directors or managers of any benevolent, charitable, scientific or religious institution . . . [which] is or may be under the patronage control, direction or supervision of any synod, conference . . . or other ecclesiastical body . . . such ecclesiastical body may nominate and appoint such trustees, directors or managers, according to the usages of the appointing body. . . .

15. Kansas.

Any religious society, military or fire company, . . . or any other secret benevolent association or organization, may by the consent of a majority of its members become bodies corporate under this act, electing directors or trustees, and performing the things as are directed in the case of other corporations . . . and shall have the same power to make by-laws for the regulation of their affairs as other corporations. . . .

16. Kentucky.

Any number of persons may associate to form a corporation, society or association, having no capital stock, for religious, charitable, educational, or any other lawful purpose, from which no private pecuniary profit is to be derived. Such persons shall sign articles of incorporation, and the same shall be filed in the office of the secretary of state. . . . The articles shall set forth the name of the proposed corporation, society or association . . . and such other facts as the signers of the articles deem proper to mention.

17. Louisiana.

Corporations must not only be authorized by the Legislature, or established according to law, but a name must be given to them. . . .

They may:

exercise the rights which belong to them; manage their own affairs; appear in courts of justice, and even enact statutes and regulations for their own government. . . .

18. Maine.

There is no special provision for the Catholic Church in the general law, though there is such provision for Episcopal and Methodist Episcopal Churches, etc.

Any person of lawful age, desirous of becoming an incorporated parish or religious society, may apply to a justice of the peace, who shall issue his warrant to one of them directing him to notify the other applicants to meet. . . .

Such persons so assembled may choose a clerk and other needful parish officers, and shall thereupon be a corporation. . . .

19. Maryland.

In every congregation of the denomination of Christians known as the ‘Roman Catholic Church,’ the ordinary of the diocese and the pastor of the said congregation for the time being, according to the practice and discipline of the said church, the other persons to be annually designated by said ordinary, and two other persons to be annually elected by the male pewholders of the said congregation from among their number . . . shall be constituted a body politic and corporate. . . .

20. Massachusetts.

There is a special section for the Roman Catholic Church:

The Roman Catholic archbishop or bishop of the diocese in which a Roman Catholic church is erected or intended to be erected, the vicar-general of such diocese and the pastor of such church, for the time being, or a majority of them, may associate with themselves two laymen, communicants of said church, and may, with said laymen, sign a certificate in duplicate, showing the name or title by which they and their successors shall be known as a body corporate . . . and thereupon such church shall be a body corporate by the name expressed in such certificate, and the persons so signing the same shall be the trustees thereof.

The Cardinal Archbishop of Boston is a corporation sole.

21. Michigan.

The Code retains the act of 1867:

That all gifts, grants, deeds . . . unto any person or persons, by the name, style or title of Roman Catholic or Catholic bishop of the diocese of Bardstown . . . or to any other person or persons, upon the trust expressed or implied, to take, hold and receive the same for the use and benefit of any religious congregation of Roman Catholics . . . all such gifts, grants, deeds . . . shall be sufficient and effectual in law to vest the legal title of, in and to said lands . . . in the present bishops or administrators of the Roman Catholic dioceses within the State of Michigan.

22. Minnesota.

The bishop of any religious denomination may associate with him the vicar-general of the same diocese and the pastor of such denomination of the parish wherein a corporation is to be located . . . and the said bishop, vicar-general, and pastor, or a majority of them, shall designate and associate with them two lay members of any such denomination . . . [the latter] shall always be designated and appointed by the first three named corporators. . . .

The bishop of any such diocese may associate with him the vicar-general and chancellor of such diocese, and they, or a majority of them, shall designate and associate with them two other members of such religious denomination . . . The said five persons shall become a corporation, with power to take, hold, receive and dispose of any real or personal property . . . to establish and conduct schools, seminaries, colleges, or any benevolent, charitable, religious, or missionary work or society. . . .

23. Mississippi.

Any religious society, consisting of the members of any particular denomination or congregation, desiring to act as an organized body, may do so by associating together and electing or appointing from its membership any number of officers, trustees or managers. . . .

By a special act the Bishop of Natchez, his vicar-general and four diocesan consultors were created a corporation for a period of fifty years. They were empowered to hold in trust the title to the property of the several parishes and missions.

24. Missouri.

The Constitution provides:

That no religious corporation can be established in this State, except such as may be created under a general law for the purpose only of holding the title to such real estate as may be prescribed by law for church edifices, parsonages and cemeteries.

The General Laws state that:

Any number of person not less than three, who shall have associated themselves by articles of agreement in writing . . . may be consolidated and united into a corporation.

25. Montana.

The bishop of any diocese in which any such corporation is to be located may associate with himself the vicar-general and chancellor of such diocese . . . these three, or a majority of them, may designate and associate with themselves . . . two other members of the same religious denomination . . . the said five persons and their successors shall become a corporation, with power to take . . . and to administer the temporalities of such diocese. . . .

Whenever and as often as it may be deemed advisable, or desired by the bishop of any religious denomination within the State of Montana, to have created or organized any parish or local religious corporation . . . he may associate with himself the vicar-general of the same diocese . . . and the pastor or rector . . . and the said bishop, vicar-general and pastor or rector shall select, designate and associate with themselves two lay members of such denomination within the parish. . . .

Wherever the rules, regulations, or discipline of any . . . church permit or require the estate, property . . . to be held in the name of or managed by a bishop . . . it shall be lawful for such bishop . . . to become a sole corporation. . . .

26. Nebraska.

The chief or presiding or executive officer of the religious bodies, sects and denominations . . . may . . . convene a meeting of himself and some other officer subordinate to himself, but having general jurisdiction throughout the state . . . and the priest . . . of the proposed church . . . and at least two laymen . . .

To form a corporation.

27. Nevada.

Any person being the archbishop, bishop . . . of any church or religious society or denomination, who may have been duly chosen, elected or appointed . . . may make and subscribe written articles of incorporation. . . .

. . . the person subscribing the same, and his successor in office . . . shall thereafter be deemed, and is hereby created, a body politic and a corporation sole. . . .

28. New Hampshire.

The general laws all seem to be framed for Protestant Churches.

A special act "to create the Roman Catholic Bishop of Manchester and his successors a corporation Sole" was approved on March 7, 1901.

29. New Jersey.

There is a special section for the Roman Catholic Church:

The Catholic bishop of the diocese in which such church or congregation may be, the vicar-general of such diocese . . . and the pastor of such church or congregation for the time being, or a majority of them may elect two lay members of such church. . . .

The Roman Catholic bishop of any such diocese, the vicar-general of such diocese (or during a vacancy in such offices, the administrator of the diocese for the time being), and the chancellor of such diocese . . . may elect two priests from the Roman Catholic priesthood of such diocese

and may become a body corporate.

The persons so executing and acknowledging said certificate shall . . . be able and capable unlimitedly to acquire . . . goods and chattels of all kinds, church edifices, school houses . . . and all other kind of religious, ecclesiastical, educational and charitable institutions. . . .

30. New Mexico.

Any five or more persons, a majority of whom shall be citizens of the United States, and residents of New Mexico, may organize a corporation for religious, benevolent, charitable, scientific or literary purposes. . . .

31. New York.

There is a special section for the Catholic Church:

The archbishop or bishop and the vicar-general of the diocese to which any incorporated Roman Catholic church belongs, the rector of such church, and their successors in office shall, by virtue of their offices, be trustees of such church. Two laymen, members of such incorporated society, selected by such officers or a majority of them, shall also be trustees of such incorporated church. . . .No act or proceeding of the trustees of any such incorporated church shall be valid, without the sanction of the archbishop or bishop of the diocese to which such church belongs, or in the case of their absence or inability to act, without the sanction of the vicar-general or of the administrator of such diocese.

A certificate of incorporation of an unincorporated Ruthenian Greek Catholic church shall be executed and acknowledged by the Ruthenian Catholic bishop, appointed by the pope of Rome to have supervision over the Ruthenian Catholics of the Greek rite in the United States . . . and the chancellor of the diocese in which its place of worship is, and by the pastor of its church and by two laymen, members of such church. . . .

32. North Carolina.

The conference, synod, convention or other ecclesiastical body representing any church . . . as also the religious societies and congregations within the state, may from time to time . . . appoint in such manner as such body, society or congregation may deem proper, a suitable number of persons as trustees for such church. . . .

33. North Dakota.

The board of trustees, vestry, chapter governing committee, or other like body, having charge of the temporal concerns and property of any religious association which has become a corporation, shall constitute the board of directors of such corporation, and shall be of such number as may be determined by the by-laws at such time and in such manner as may be in conformity with, or provided by the general laws, canon, rules, regulations, usages or discipline of the religious organization to which the members of such corporation are attached.

In the Supplement to the 1913 Compiled Laws of North Dakota 1913-1925, it is provided that the number of directors may not be less than three.

34. Ohio.

Religious corporations are regulated by the general procedure for non-profit corporations. There is no special provision for the Catholic Church:

Any number of persons, not less than three, a majority of whom are citizens of the United States, may become a corporation not for profit.

35. Oklahoma.

All grants or deeds from private individuals or acts of legislative bodies, transferring, conveying or granting real estate in this State to any bishop . . . in trust for the use and benefit of such society . . . shall vest in their successor or successors in office . . . all the legal or other title, to the same extent and in all respects the same, as trustees of such trust . . . which such bishop . . . had under such grant, deed or act. . . .

36. Oregon.

The archbishop or bishop of any religious denomination may associate with him the vicar-general of the same diocese and the pastor of such denomination of the parish wherein a corporation is to be located . . . and said archbishop or bishop, vicar-general and pastor . . . shall designate and associate with them two lay members of any such denomination . . . the said five persons and their successors shall become a corporation. . . .

The archbishop of any diocese may associate with him the vicar-general and chancellor of such diocese and they, or a majority of them, shall designate or associate with them two other members of such denomination . . . the said five persons and their successors shall become a corporation with power to take . . . and to administer the temporalities of such diocese. . . .

37. Pennsylvania.

Whensoever any property, real or personal, other than funds from plate, Christmas and Easter collections, and annual voluntary contributions for salaries of clergy . . shall hereafter be bequeathed, devised or conveyed to any ecclesiastical corporation, bishop . . . the same shall be taken and held subject to the control and disposition of the lay members of such church . . . which control and disposition shall be exercised in accordance with and subject to the rules and regulations, usage, canons, discipline and requirements of the religious body or organization to which such church, congregation, or religious society shall belong. . . .

38. Rhode Island.

From the general act of incorporation is expected the:

incorporation authorized by an act, entitled ‘An Act to Incorporate the Bishop and Vicar-General of the Diocese of Hartford, together with the Pastor and two Laymen of any Roman Catholic Church or Congregation in Rhode Island,’ passed at the January session A.D. eighteen hundred sixty nine, and any acts in amendment thereof or addition thereto. . . .

In 1900, the bishop of Providence was empowered to become a corporation sole.

39. South Carolina.

The Secretary of State is hereby authorized and empowered to issue certificates of incorporation to any church . . . holding or desiring to hold property in common for religious . . . purposes. . . .

By a special act the bishop of Charleston is a corporation sole.

40. South Dakota.

All grants or deeds from private individuals, or acts of legislative bodies, transferring, conveying or granting real estate in this state to any bishop . . . in trust for the use and benefit of such [religious] society . . . shall vest in their successor or successors . . . to the same extent and in all respects the same, as trustee of such trust. . . .

41. Tennessee.

Any religious denomination or society, whether incorporated or not, may take by deed or otherwise, and hold not exceeding five acres of land. . . .

All lands bought or otherwise acquired by any religious denomination or society, shall be vested in a board of trustees or other persons designated by the members of such denomination or society. . . .

42. Texas.

Any religious society . . . may by the consent of a majority of its members become a body corporate . . . electing directors or trustees and performing such other things as are directed in the case of other corporations. . . .

43. Utah.

Any person being the archbishop, bishop, . . . of any church or religious society, who shall have been duly chosen, elected or appointed . . . may make and subscribe written articles of incorporation in duplicate. . . .

44. Vermont.

A grant, conveyance, devise or lease of real or personal estate to, or a trust of such real or personal estate for the benefit of, a person or his successors in an ecclesiastical office, shall not vest an estate or interest in said person or his successor. . . .

Such a grant:

shall not vest a right, title or interest in a person . . . unless the same is made to a corporation organized for the support of the gospel and the maintenance of public worship. . . . (Law of 1856)

By a special charter secured from the Legislature of Vermont, the Diocese of Burlington was constituted a corporation in 1896. The five members of the Board of Trustees, of which the bishop is ex officio President, are chosen for life, unless removed by action of the Board.

45. Virginia.

The general assembly shall not grant a charter of incorporation to any church or religious denomination, but may secure the title to church property to an extent to be limited by law.

46. Washington.

Any person being the bishop . . . of any church or religious denomination in this state, may, in conformity with the constitution, canons, rules, regulations or discipline of such church or denomination, become a corporation sole. . . .

47. West Virginia.

No charter of incorporation shall be granted to any church or religious denomination.

48. Wisconsin.

There is a special section for the Roman Catholic Church:

The bishop of each diocese . . . may cause any or all congregations therein to be incorporated by adding four more members as trustees. . . . The bishop and vicar-general of each diocese, the pastor of the congregation to be incorporated, together with two laymen, practical communicants of such congregation (the latter to be chosen from and by the congregation), shall be such trustees.

49. Wyoming.

Any person being the archbishop, bishop . . . of any church or religious society, who shall have been duly chosen, elected or appointed . . . may make and subscribe written articles of incorporation.