Break-Away Presbyterian Congregation Keeps Title To Its Property

In Heartland Presbytery v. Gashland Presbyterian Church, (MO App., Jan. 10, 2012), a Missouri state appeals court held that the property of a break-away Presbyterian congregation was not held in trust for the Presbyterian Church (USA) or its Heartland Presbytery.  The Gashland Presbyterian Church obtained title to the property in 1948, prior to the adoption in the 1980's by PCUSA of the Property-Trust Clause in its Book of Order.  The court held that, under neutral principles of Missouri law, some expression of intent by Gashland to be governed by the Property-Trust Clause is required before an express trust can be created. (See prior related posting.)