Religious property disputes and the law : house of god, laws of man / Daniel P. Dalton.

Format:

Book

Author/Creator:

Dalton, Daniel P., author.

Language:

English

Subjects (All):

Church property--Law and legislation--United States.

Church property.

Corporations, Religious--Law and legislation--United States.

Corporations, Religious.

Physical Description:

1 online resource (186 pages)

Edition:

1;2022-01.

Place of Publication:

Cleveland : American Bar Association, 2022.

Chicago, Illinois : American Bar Association, [2021]

Summary:

As the role of organized religion in American public life continues to evolve, religious organizations face complicated questions about land use and the ownership of real property. This book on religious property law covers three types of religious property disputes: Between the local church and a denomination over the ownership of land and real property when the church leaves the denomination; Over the ownership of religious property within an independent church; and Between a religious entity and a local community over land use and zoning. Dan Dalton, a nationally recognized litigator of religious property disputes, shares expert insights that will be valuable for religious organizations and their counsel.

Contents:

Intro

Title Page

Copyright Page

Dedication

About the Author

Contents

Reviews

Acknowledgments

Introduction

Part I: Religious Property Disputes

Chapter 1: Religious Property Disputes between Local Churches and Denominations

I. The Establishment Clause and Religious Property Disputes

A. The Supreme Court's First Religious Property Dispute: Methodist and Slavery (1854)

B. The Supreme Court Adopts "Deference" in Religious Property Disputes (1871)

C. The Supreme Court Introduces "Neutral Principles" (1969)

D. The Supreme Court Adopts "Neutral Principles" for All Religious Property Disputes (1979)

II. The State Law Used for Neutral Principles

A. State Trust Law

B. State Corporate Law

III. The Application of Neutral Principles to Religious Property Cases

A. Strict Neutral Principles States

B. Hybrid Neutral Principles States

Chapter 2: Property Disputes within an Independent Religious Organization

I. The Supreme Court's Guidance on Intra-Church Disputes

Part II: Religious Land Use and Zoning Law

Chapter 3: Religious Land Use and Zoning: Statutory Claims

I. RLUIPA: The Religious Land Use and Institutionalized Persons Act

A. Historical Background

B. The Legal Claims That Can Be Brought under RLUIPA

C. Damages and Equitable Relief

D. Recovery of Attorney Fees and Cost in Religious Land Use Cases

II. State Religious Freedom Act Claims

III. Fair Housing Act Claims

Chapter 4: Religious Land Use and Zoning: Constitutional Claims

I. The Free Exercise Clause

A. Hybrid Free Exercise Claims

II. Free Speech Claims

III. Free Association/Assembly Claims

IV. Redress of Grievance Clause

Retaliation

V. Equal Protection Claims

VI. Due Process Claims

VII. State Constitutional Claims

VIII. Religious Uses Add Value to a Community.

IX. Justiciability and Religious Land Use

A. Standing

B. Ripeness

C. Exhaustion of Remedies

D. Mootness

E. Abstention

Conclusion

Index.

Notes:

Includes index.

Description based on print version record.

Other Format:

Print version: Dalton, Daniel P. Religious Property Disputes and the Law

ISBN:

1-64105-965-6