WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
Introduced
House Bill 5416
By Delegate Miller
[Introduced February 10, 2026; referred to the Committee on the Judiciary]
A BILL to amend and reenact §35-1-9 and §35-1-10 of the Code of West Virginia, 1931, as amended; and to amend said code by adding a new section, designated §35-1-10a, relating to religious organizations, churches, religious sects, societies, or denominations to borrow money; notice required before conveyance, sale or encumbrance of church property; and the effect of subsequent incorporation on prior conveyances and executed by trustees of a church, religious sect, society, or denomination pursuant to §35-1-9 of this code prior to the effective date of incorporation of that church or religious organization encumbrances.
Be it enacted by the Legislature of West Virginia:
(a) The trustee or trustees of any church, religious sect, society, or denomination within this state, whenever directed by the ecclesiastical officer or the delegated or select body to whom the authority to administer the affairs of such church, religious sect, society, or denomination is committed by its rules and ecclesiastical polity, or the trustee or trustees of any individual church, parish, congregation or branch of any religious sect, society or denomination within this state, whenever directed by a majority of the members of such individual church, parish, congregation or branch who are over eighteen years of age, or by the ecclesiastical officer or the delegated or select body to whom the authority to administer the affairs of such church, parish, congregation or branch is committed by the rules and ecclesiastical polity of such church, religious sect, society or denomination, may sell and convey any property, real or personal owned by such church, religious sect, society or denomination, or by such individual church, parish, congregation or branch, as the case may be, or upon like direction, may borrow money and execute a lien upon the church property to secure the payment thereof; and all conveyances so made, or liens so executed, by the persons who appear from the records in the office of the county clerk to be the trustee or trustees of the religious body making such conveyances or executing such liens, shall be effective to pass from such trustee or trustees such title or interest in the property under his or her or their control as is purported to be conveyed or passed by such conveyances or instruments of lien, and shall not be invalidated or affected by any defect or informality in the proceedings for the selection or appointment of such person or persons as trustee or trustees, or by any want of authority or lack of power in such trustee or trustees.
(c) Incorporated churches excluded. This section does not apply to any church, religious sect, society, or denomination that is organized as a corporation, including but not limited to nonprofit religious corporations organized under chapter 31E of this code or any successor statute.
(d) Governance of incorporated churches. Any church, religious sect, society, or denomination that is incorporated shall exercise the power to borrow money, convey, mortgage, or otherwise encumber real or personal property in accordance with its articles of incorporation, bylaws, and the applicable provisions of the nonprofit corporation laws of this state, and shall not be subject to the requirements of this section.
(a) Before any such conveyance of real estate or instrument creating a lien thereon shall be made, the proper authorities of such church, religious sect, society, or denomination, or of any individual church, parish, congregation or branch, shall cause to be published a notice describing the real estate and stating that the same will be sold and conveyed, or subjected to a lien, as the case may be, on or following a designated date. Such notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the county where the land is situated. In lieu of such publication, the notice may be read at the principal services of such church, parish, congregation or branch, on at least two separate occasions during a period of two weeks. No conveyance or instrument creating a lien shall be made or become effective until such notice shall be published or read, as aforesaid. An affidavit setting forth the facts regarding such publication or reading, shall accompany, and be recorded with, any deed of conveyance or instrument creating a lien, and shall be sufficient proof of the facts therein set forth.
(b) Applicability. The notice requirements of this section apply only to churches, religious sects, societies, or denominations that are not incorporated under the laws of this state or any other jurisdiction.
(c) Incorporated churches excluded. This section does not apply to any church, religious sect, society, or denomination that is organized as a corporation including nonprofit religious corporations organized under Chapter 31E of this code or any successor statute.
(d) Incorporated churches governed by corporate law. Any incorporated church, religious sect, society, or denomination shall provide notice, authorization, and approval for the conveyance, sale, mortgage, lien, or other encumbrance of real or personal property in accordance with its articles of incorporation, bylaws, and applicable provisions of the nonprofit corporation laws of this state, and may not be subject to the notice requirements of this section.
(e) This section shall be read in pari materia with §35-1-8.
(c) Upon incorporation, all rights, obligations, liabilities, and interests relating to any conveyance or encumbrance described in subsection (a) of this section vest in and are assumed by the incorporated entity by operation of law, unless otherwise provided in the articles of incorporation or a written assumption agreement.
(d) Nothing in this section affects the rights of any lender, purchaser, trustee, or third party who relied in good faith on the validity of a conveyance or encumbrance executed prior to incorporation.
(e) Legislative Intent. The Legislature intends this section ensure continuity of title, protection of third parties, and orderly transition from trustee-based governance to corporate governance for churches and religious organizations.
NOTE: The purpose of this bill is to ensure continuity of title, protection of third parties, and orderly transition from trustee-based governance to corporate governance for churches and religious organizations.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.