|
Legal
Counsel > For Congregations >
Buildings
We would like to use our building and land for a. . .
- School
- Child Day-care Center
- Adult Day-Care Center
- Latchkey Program
- Food Pantry
- Homeless Shelter
- Job training program
What should we consider to make this go
smoothly?
When
a Congregation Leases Its Property
Read this very brief discussion identifying
important issues that a congregation should consider. The congregation
should consult with a lawyer or other advisor, since the following
discussion is not intended as legal advice in particular situations.
^ back to top
^ Cellular Tower
Issues
When reviewing an offer to put a cellular tower
and/or wireless equipment on church property, the congregation should
consider many different factors. The United Methodist Church has
provided
useful analysis of the issues related to cellular towers. You may
use this sample lease with suggested
terms to guide you.
As
stated in the materials, you should always consult with your
attorney before entering into such an agreement.
Zoning and
Land Use
What legal protections exist if our church wants to expand the
sanctuary or remodel the exterior of the building and is having
problems with local government zoning and land marking commissions?
 Religious Land Use and Institutionalized
Persons Act
The Religious Land Use and Institutionalized
Persons Act of 2000 (RLUPIA) is a federal law that is intended to
protect religious organizations rights for the use of their real
property.
It is designed to protect religious
assemblies and institutions from zoning and historic landmark laws
that substantially interfere with their religious free exercise.
Does RLUPIA immunize churches
and other religious properties from land-use regulations?
NO. All land-use regulations apply to
religious buildings until a claimant makes a showing that a land-use
regulation imposes a substantial burden on a sincerely held religious
belief or activity.
Claimants will need to follow local land-use
regulations and procedures until they are faced with a government
decision that discriminates or places a substantial burden on their
religious practice. They then can try to show that the Act has been
violated.
Even then, many zoning and building
regulations regarding structural integrity and construction
requirements, fire and flood safety, sanitation regulations, and
similar health and safety requirements may well be found supported by
a compelling governmental interest.
See also
these resources
^ back to top
^
|
frequent
questions