Main menu
Ministry Property

Ministry Property

Commercial Lease Issues for Churches or Spiritual Organizations

This is a guest post by Eric L. Nesbitt, who practices real estate law. Your Church should carefully review a commercial lease for permissive or restrictive use clauses, parking lot use, hours of access to the property, and responsibility for property damage.

You Gave the Church Away?

You hate to see a case with a caption like God’s Hope Builders, Inc. v. Mount Zion Baptist Church, since it seems unlikely the lawsuit is what God would have hoped for. The Georgia Court of Appeals, on March 28, 2013, remanded this case with orders to the trial court to figure out, if it legitimately could, who the church members actually were.

What is RLUIPA Substantial Burden on a Church, Anyway?

The Religious Land Use and Institutionalized Persons Act (RLUIPA) makes the government meet a very tough standard for a land use regulation that imposes a substantial burden on religious exercise, including for churches. Obviously an important initial question is whether the regulation does impose a substantial burden. A Fourth Circuit case issued January 31, 2013, Bethel World Outreach Ministries v. Montgomery County Council, develops the “substantial burden” standard in a way that may help other churches facing zoning issues.

Here is the Steeple--But Whose Steeple?

Here is the church
And here is the steeple.
But does it belong
To the group or the people?

Church property disputes are painful and usually contentious. Usually, though not always, they begin when a congregation wants to leave the denomination, often over doctrinal fidelity. Because it is a dispute over church property, deep constitutional issues apply that may trump regular property law.

Subscribe to this RSS feed

© Telios Law