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South Carolina Bishop Asked to Explain "Quitclaim" Property Action
By David W. Virtue
www.virtueonline.org
December 6, 2011
The bishop of South Carolina, the Rt. Rev. Mark Lawrence has been asked to explain his action in offering quitclaim deeds given to parishes in his diocese. His fellow bishops in Province 4 have asked to have a face-to-face meeting with them for a "clarifying conversation."
The Rt. Rev. Clifton Daniel, 3rd Bishop of the Diocese of East Carolina and Vice President of Province 4 of The Episcopal Church wrote the letter requesting the sit down talk with Bishop Lawrence. He said in the letter that bishops had "determined that it is our duty as bishops of this province to address these concerns in direct communication with you, as Jesus exhorts his followers in Matthew's Gospel (18:15-20), and in accord with our ordination vows regarding the unity and governance of the church."
"We have heard and read reports that you have given a quitclaim deed to each congregation in your diocese. Is this true? If this report is true, under what canonical authority did you proceed? Did you involve the Standing Committee and are the members of the Standing Committee in accord? Who signed the deeds? Would you provide a sample copy of a deed and the letter of explanation that accompanied it?
"In order to better understand your action, the Bishops of Province 4 gathered in Memphis respectfully request that you meet with several of your fellow Provincial Bishops Diocesan in Charleston, or elsewhere if you desire, to discuss what has been noted above. We make this request in a spirit of collegiality and fellowship as well as out of concern for the people of the Diocese of South Carolina and concern for the well-being of The Episcopal Church."
What we seek in the coming weeks is a face-to-face meeting with you and and a representative group of your fellow Bishops Diocesan of Province 4 in order to have a clarifying conversation and to address the concerns raised among us, wrote Daniels.
QUITCLAIM
On Nov. 16 at Lawrence's direction, Diocesan Chancellor Wade Logan sent a quitclaim deed to every parish in the diocese. A quitclaim deed generally transfers ownership of the property from the party issuing the deed to the recipient.
"For 190 years (1789-1979) there had never been any idea that somehow the parishes did not completely and fully own their property," Logan said in his letter. He said the diocese could issue quitclaim deeds because the state Supreme Court has said that the 1979 passage of the so-called "Dennis Canon" by the General Convention was not binding on the parish of All Saints, Pawley's Island, South Carolina.
The "Dennis Canon" (Canon 1.7.4) states that a parish holds its property in trust for the diocese and the Episcopal Church.
Logan said in his Nov. 16 letter to parishes that removing the accession clause was part of the "continued pursuit of our historic unity based on common vision rather than legal coercion."
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