GSNC

§ 61-1. Trustees may be appointed and removed.

The conference, synod, convention or other ecclesiastical body representing any church or religious denomination within the State, as also the religious societies and congregations within the State, may from time to time and at any time appoint in such manner as such body, society or congregation may deem proper, a suitable number of persons as trustees for such church, denomination, religious society, or congregation. The body appointing may remove such trustees or any of them, and fill all vacancies caused by death or otherwise.
A person serving as a trustee appointed pursuant to subsection (a) of this section or a director or officer of a religious society shall be immune individually from civil liability for monetary damages, except to the extent covered by insurance, for any act or failure to act arising out of this service, except where the person:
1. Is compensated for his services beyond reimbursement for expenses,
2. Was not acting within the scope of his official duties,
3. Was not acting in good faith,
4. Committed gross negligence or willful or wanton misconduct that resulted in the damage or injury,
5. Derived an improper personal financial benefit from the transaction,
6. Incurred the liability from the operation of a motor vehicle, or
7. Is sued in an action that would qualify as a derivative action if the organization were a for-profit corporation or as a member's or director's derivative action under G.S. 55A-28.1 or G.S. 55A-28.2 if the organization were a nonprofit corporation.
  The immunity in this subsection is personal to the officers, directors, and trustees and does not immunize the organization for the acts or omissions of the officers, directors, or trustees.

(1796, c. 457, ss. 1, 2; 1844, c. 47; 1848, c. 76; R.C., c. 97; Code, ss. 3667, 3668; Rev., ss. 2670, 2671; C.S., s. 3568; 1987, c. 799, s. 1.)

Editor's Note. - G.S. 55A-28.1 and G.S. 55A-28.2, referred to in subdivision (b)(7), were repealed by Session Laws 1993, c. 398, s. 1, effective July 1, 1994. See now G.S. 55A-7-40 and G.S. 55A-8-24 .

CASE NOTES

This section applies only to religious societies and not to educational institutions. Allen v. Baskerville, 123 N.C. 126 , 31 S.E. 383 (1898); Thornton v. Harris, 140 N.C. 498 , 53 S.E. 341 (1906).

This section recognizes that religious bodies must act through and appoint trustees. Pressly v. Walker, 238 N.C. 732 , 78 S.E.2d 920 (1953).

Society Entitled to Remove Trustee Who Is Faithless to Trust. - Under the provisions of this section, a religious society may remove a trustee of church property who proves faithless to his trust and may fill any vacancy thus created. Nash v. Sutton, 117 N.C. 231 , 23 S.E. 178 (1895).

Individual Liability Erroneously Assessed - When church officials sued seceders from the church to recover church property, the trial court erroneously found the seceders individually liable because, under G.S. 61-1(b) , they were immune from individual liability, as they were acting on behalf of a religious society. Daniel v. Wray, 158 N.C. App. 161, 580 S.E.2d 711 (2003).

Faithlessness is not required, however, and a religious society may remove trustees at will. North Carolina Christian Conference v. Allen, 156 N.C. 524 , 72 S.E. 617 (1911).

Effect of Church Regulations. - A church has authority to appoint a "suitable number" of its own trustees for the purpose of acquiring and holding church property, and remove them at will; furthermore, where the discipline of the denomination with which a church is affiliated has provided a note to be given for the trial of "offenses," this regulation refers to infractions of church discipline and does not apply to the election or removal of trustees. North Carolina Christian Conference v. Allen, 156 N.C. 524 , 72 S.E. 617 (1911).

Right of Competent Trustee to Maintain Action for Removal of Trustees, etc. - A duly appointed trustee of a religious society may maintain an action for the removal of faithless or incompetent trustees, and compel them to convey the property held by them to the purposes for which it was designed, and such trustee may also maintain an action to set up a lost deed executed for the benefit of the cestui que trust. Nash v. Sutton, 109 N.C. 550 , 14 S.E. 77 (1891).

Right of Member to Sue. - In the absence of a competent trustee and a governing body authorized to appoint trustees, any member of a religious society has such a beneficial interest as will enable him, in behalf of fellow members, to maintain such action as may be necessary to protect their common interest. Nash v. Sutton, 109 N.C. 550 , 14 S.E. 77 (1891).

Cited in Bridges v. Pleasants, 39 N.C. 26 (1845); King v. Richardson, 136 F.2d 849 (4th Cir. 1943); Goard v. Branscom, 15 N.C. App. 34, 189 S.E.2d 667 (1972); Daniel v. Wray, 158 N.C. App. 161, 580 S.E.2d 711 (2003).

§ 61-2. Trustees may hold property.

The trustees and their successors have power to receive donations, and to purchase, take and hold property, real and personal, in trust for such church or denomination, religious society or congregation; and they may sue or be sued in all proper actions, for or on account of the donations and property so held or claimed by them, and for and on account of any matters relating thereto. They shall be accountable to the churches, denominations, societies and congregations for the use and management of such property, and shall surrender it to any person authorized to demand it.

(1796, c. 457, ss. 1, 3; 1844, c. 47; 1848, c. 76; R.C., c. 97; Code, ss. 3667, 3668; Rev., ss. 2670, 2671; C.S., s. 3569.)

Cross References. - As to trusts and trustees generally, see G.S. 36A-1 et seq.

CASE NOTES

This section applies only to property held for religious purposes. Thornton v. Harris, 140 N.C. 498 , 53 S.E. 341 (1906).

No General Capacity of Acquisition. - Religious societies or their trustees have no general capacity of acquisition; they can only take for the use of the society. And by a conveyance to trustees, for purposes forbidden by the policy of the law, nothing passes. Trustees of Quaker Soc'y of Contentnea v. Dickenson, 12 N.C. 189 (1827).

Right of Church to Use Property. - A church of the congregational system, having elected certain trustees to supercede several trustees theretofore elected, holds the church property through those trustees later elected and has the right to the use of the church for religious services without molestation from the trustees who were removed or from its conference. North Carolina Christian Conference v. Allen, 156 N.C. 524 , 72 S.E. 617 (1911).

A church is not required to be incorporated to be able to hold property; therefore, revocation of the corporate charter of the United Church of God was irrelevant to determining whether the United Church of God, Inc. had the right to control the property of its alleged local affiliate, St. Luke United Church of God of America. United Church of God, Inc. v. McLendon, 81 N.C. App. 495, 344 S.E.2d 373 (1986).

A communion service of a church is not liable to seizure and sale under an execution by a pastor for salary due him. Lord v. Hardie, 82 N.C. 241 (1880).

An individual member of a religious society has an equitable interest in the property held by the society. Nash v. Sutton, 117 N.C. 231 , 23 S.E. 178 (1895).

Trusts for Special Purposes. - There is nothing in this section which precludes trustees of a certain North Carolina church from accepting trusts for special purposes; and, even if there were, a trust for a special purpose would not fail because they were named as trustees, but equity would appoint other trustees to administer it in application of the maxim that a trust will not be allowed to fail for lack of a trustee. King v. Richardson, 46 F. Supp. 510 (M.D.N.C. 1942), aff'd in part and rev'd in part, 136 F.2d 849 (4th Cir. 1943).

The trustees of a church are merely agents and have no property interest as against the governing body of the church. North Carolina Christian Conference v. Allen, 156 N.C. 524 , 72 S.E. 617 (1911).

Congregation taking possession of a church cannot contest validity of a mortgage given by the trustees for the purchase money on the ground that it was ultra vires. Rountree v. Blount, 129 N.C. 25 , 39 S.E. 631 (1901).

Right of Trustees to Enforce Bequest. - Where a testator provided for building a fence around a certain chapel cemetery, the trustees of the chapel were the proper parties to require the executor to perform this provision. Cabe v. Vanhook, 127 N.C. 424 , 37 S.E. 464 (1900).

Recovery of Property by Trustees. - The title to church property is vested in the trustees individually and they may recover at law, though in the writ and declaration they style themselves "trustees." Walker v. Fawcett, 29 N.C. 44 (1846).

Trustees of a church allegedly merged into a successor had standing to bring a quiet title suit against the successor because the trustees' assertion of property rights on behalf of a non-incorporated religious organization only depended on the successor's failure to obtain the consent of all trustees to transfer church property. Burns v. Kingdom Impact Global Ministries, Inc., 251 N.C. App. 724, 797 S.E.2d 21 (2017).

Title Not in Controversy in Contest Between Trustees. - In a contest between two committees, each claiming to be the rightful board of trustees to hold the same title in trust for the same beneficial owner, the title did not come into controversy. Thornton v. Harris, 140 N.C. 498 , 53 S.E. 341 (1906).

Right of Original Trustees to Sue Though Not Legally Appointed. - Where a conveyance was made to three persons for a certain tract of land as trustees for a church, a suit of trespass could be brought by them against the wrongdoers, even though they could not be appointed trustees according to law. Walker v. Fawcett, 29 N.C. 44 (1846).

It is only when a suit is brought by persons who claim as "successors" that a question arises as to whether the original bargainees were duly chosen the trustees of a religious congregation, and whether the persons suing were also duly chosen trustees, so as to give them legally the character of "successors" to the former, and thereby vest in them the title to the property which is necessary to support an action. Walker v. Fawcett, 29 N.C. 44 (1846).

Trustees Not Entitled to Recover for Physical Suffering of Pastor, His Family or Congregation. - In a suit by the trustees of a church against a railroad company for the improper use of its terminal or depot at or near the manse of the church, no recovery could be had for any physical suffering upon the part of their pastor, his family, or the individuals composing the congregation. Taylor v. Seaboard Air Line Ry., 145 N.C. 400 , 59 S.E. 129 (1907).

Liability of Trustees for Material Ordered for Church. - The trustees of a church would be liable for material ordered by one of their number and used in building the church, even though the order was not authorized. Tull v. Trustees of M.E. Church, 75 N.C. 424 (1876).

The building committee of a church is not liable for injuries received by a workman. Wilson v. Clark, 110 N.C. 364 , 14 S.E. 962 (1892).

Member of Quasi Corporation Is Engaged in Joint Enterprise. - One of the material differences between a church or denomination, religious society or congregation (a quasi corporation) in North Carolina and a real corporation organized or existing pursuant to statutory law is that a member of such a quasi corporation is engaged in a joint enterprise and may not recover damages sustained through the tortious conduct of another member thereof from the quasi corporation. Goard v. Branscom, 15 N.C. App. 34, 189 S.E.2d 667, cert. denied, 281 N.C. 756 , 191 S.E.2d 354 (1972).

May Not Recover for Negligence of Agent, Employee or Another Member. - This section does not authorize a member of a church or denomination, religious society or congregation (a quasi corporation) to recover of the quasi corporation for the negligence of an agent, employee or another member thereof. Goard v. Branscom, 15 N.C. App. 34, 189 S.E.2d 667, cert. denied, 281 N.C. 756 , 191 S.E.2d 354 (1972).

Joinder of Church as Defendant Not Required in Derivative Action Against Pastor and Other Church Officers. - Trial court erred in dismissing the complaint brought by a group of church members against the pastor and various church officers due to the church members' failure to have named the church as a defendant, because the cause of action, which alleged civil conversion, various conspiracy charges, breach of the church's constitution and by-laws as well as breach of fiduciary duty, was really a derivative action in that the church members alleged that the church was unincorporated and, therefore, the church members were really suing on behalf of the church; the dispute arose from alleged missing church funds and the allegation that the church officers were permitting the pastor to remain at the church and receive his salary against the majority vote of the congregation. Bridges v. Oates, 167 N.C. App. 459, 605 S.E.2d 685 (2004).

Applied in Pressly v. Walker, 238 N.C. 732 , 78 S.E.2d 920 (1953).

Cited in Bridges v. Pleasants, 39 N.C. 26 (1845).

§ 61-3. Title to lands vested in trustees, or in societies.

All glebes, lands and tenements, heretofore purchased, given, or devised for the support of any particular ministry, or mode of worship, and all churches and other houses built for the purpose of public worship, and all lands and donations of any kind of property or estate that have been or may be given, granted or devised to any church or religious denomination, religious society or congregation within the State for their respective use, shall be and remain forever to the use and occupancy of that church or denomination, society or congregation for which the glebes, lands, tenements, property and estate were so purchased, given, granted or devised, or for which such churches, chapels or other houses of public worship were built; and the estate therein shall be deemed and held to be absolutely vested, as between the parties thereto, in the trustees respectively of such churches, denominations, societies and congregations, for their several use, according to the intent expressed in the conveyance, gift, grant or will; and in case there shall be no trustees, then in such churches, denominations, societies and congregations, respectively, according to such intent.

(1776, c. 107; 1796, c. 457, s. 4; R.C., c. 97, s. 1; Code, s. 3665; Rev., s. 2672; C.S., s. 3570.)

CASE NOTES

This section applies only to religious societies and not to educational institutions. Allen v. Baskerville, 123 N.C. 126 , 31 S.E. 383 (1898).

Words "shall be and remain forever to the use and occupancy of that church . . ." do not create an exemption for church property from execution. These words have to be considered in the context of the time they were written and of wordage required by ancient English law and custom to create a fee simple estate. Floyd S. Pike Elec. Contractor v. Goodwill Missionary Baptist Church, 25 N.C. App. 563, 214 S.E.2d 276 (1975).

Sale of Property Under Execution. - There being no provision in the State Constitution exempting church property from execution, unless exempted by statute, this property is subject to sale under execution. Floyd S. Pike Elec. Contractor v. Goodwill Missionary Baptist Church, 25 N.C. App. 563, 214 S.E.2d 276 (1975).

Title by Adverse Possession. - A church holding real property for a hundred years, and using it for religious purposes, acquires a fee simple title by adverse possession, independent of the validity of its deed. Gold v. Cozart, 173 N.C. 612 , 92 S.E. 600 (1917).

A bequest for a religious charity must be to some definite purpose, and to some body or association of persons having a legal existence and with capacity to take. There is no provision for donations to be employed in any general system of diffusing the knowledge of Christianity throughout the earth. Bridges v. Pleasants, 39 N.C. 26 (1845).

Bequest to Build Church Where Amount Insufficient. - A provision in a will that a church is to be built from certain funds will not fail because there is not a sufficient amount of the funds to build a church as large as directed by the testator. Paine v. Forney, 128 N.C. 237 , 38 S.E. 885 (1901).

Specific Trust Must Be Imperative. - A specific trust will not be superimposed upon a title conveyed to a religious congregation, authorizing the courts to interfere and control the management and disposition of the property, unless this is the clear intent of the grantor expressed in language which should be construed as imperative. Hayes v. Franklin, 141 N.C. 599 , 54 S.E. 432 (1906).

No Trust Created. - The recital in a deed conveying land to the vestry and wardens of a church that it was made "for the purpose of aiding in the establishment of a Home for Indigent Widows or Orphans, or in the promotion of any other charitable or religious objects to which the property may be appropriated" created no trust, and the grantee could convey a perfect title. St. James v. Bagley, 138 N.C. 384 , 50 S.E. 841 (1905).

Trustees' Standing to Bring Quiet Title Suit. - Trustees of a church allegedly merged into a successor had standing to bring a quiet title suit against the successor because the trustees' assertion of property rights on behalf of a non-incorporated religious organization only depended on the successor's failure to obtain the consent of all trustees to transfer church property. Burns v. Kingdom Impact Global Ministries, Inc., 251 N.C. App. 724, 797 S.E.2d 21 (2017).

Trustees May Hold Property as Against Majority of Members. - Where land is conveyed to the officers and trustees of the nondenominational religious organization for the purposes of the organization, its officers and trustees have title to the property in trust and are entitled to hold it for the use and occupancy of the organization as against members of the organization, even though they are in the large majority, who seek possession of the property for use and occupancy by a denominational church. Wheeless v. Barrett, 229 N.C. 282 , 49 S.E.2d 629 (1948).

Rights of Majority of Congregation Withdrawing from Denomination. - A conveyance of land to trustees for the erection of a church to belong to a denomination gave the title in trust for the use of the denomination; therefore, members of the congregation of the church so erected who withdrew affiliation from the denomination, even though they were a majority of the congregation, were not entitled to the control and use of the property as against the denomination, irrespective of whether the particular church was congregational or connectional. Western N. Carolina Conference v. Tally, 229 N.C. 1 , 47 S.E.2d 467 (1948).

Effect of Denomination's Failure to Act at Time of Violation. - Court found that local church, which was connectionally related to denomination yet congregational as to property, could keep property because it would be inequitable, if not unconstitutional, for a North Carolina court to enforce the denomination's "Discipline," essentially property rules, against the local church when the denomination made no effort to enforce it at the time of the alleged violations. Fire Baptized Holiness Church of God of Ams., Inc. v. McSwain, 134 N.C. App. 676, 518 S.E.2d 558 (1999).

Where a diocese receiving a devise of land was afterwards divided into two dioceses, the land became the property of both and not that of the diocese in which the land happened to be and in which the testator resided. Trustees of Diocese of E. Carolina v. Trustees of Diocese of N. Carolina, 102 N.C. 442 , 9 S.E. 310 (1889).

As to the rights of an individual member of a congregation under the congregational system, see North Carolina Christian Conference v. Allen, 156 N.C. 524 , 72 S.E. 617 (1911).

For discussion of the connectional system, see Simmons v. Allison, 118 N.C. 763 , 24 S.E. 716, rehearing dismissed, 118 N.C. 761 , 24 S.E. 740 (1896); Tilley v. Ellis, 119 N.C. 233 , 26 S.E. 29 (1896); State ex rel. Kerr v. Hicks, 154 N.C. 265 , 70 S.E. 468 (1911); Gold v. Cozart, 173 N.C. 612 , 92 S.E. 600 (1917).

Applied in Pressly v. Walker, 238 N.C. 732 , 78 S.E.2d 920 (1953).

Cited in YWCA v. Morgan, 281 N.C. 485 , 189 S.E.2d 169 (1972); African Methodist Episcopal Zion Church v. Union Chapel A.M.E. Zion Church, 64 N.C. App. 391, 308 S.E.2d 73 (1983).

§ 61-4. Trustees may convey property.

The trustees of any religious body may mortgage or sell and convey in fee simple any land owned by such body, when directed so to do by such church, congregation, society or denomination, or its committee, board or body having charge of its finances, and all such conveyances so made or heretofore made, or hereafter to be made, shall be effective to pass the land in fee simple to the purchaser or to the mortgagee for the purposes in such conveyances or mortgage expressed; and they may sell or mortgage its personal property.

(1855, c. 384; 1889, c. 484; Rev., s. 2673; C.S., s. 3571.)

CASE NOTES

Sale to Promote Testator's Purpose. - Where a testator devised lands to the trustees of a certain church, "to be held by them as a rectory or residence for the ministers of said church; that the same shall not be disposed of, sold, or used in any other way or for any other purpose than the one designated," the trustees could sell the property if the purpose declared would be promoted thereby, or the court could order a sale under its general equity power. Grace Church v. Ange, 161 N.C. 314 , 77 S.E. 239 (1912).

Lease of Part of Property. - Where land was conveyed to a church for the purpose of maintaining a church for worship, the court would not restrain the officers of the church from leasing a small portion of the lot for erecting a store. Hayes v. Franklin, 141 N.C. 599 , 54 S.E. 432 (1906).

Applied in Immanuel Baptist Tabernacle Church of Apostolic Faith v. Southern Emmanuel Tabernacle Church, 27 N.C. App. 127, 218 S.E.2d 223 (1975).

Cited in Bond v. Town of Tarboro, 217 N.C. 289 , 7 S.E.2d 617, 127 A.L.R. 695 (1940); Floyd S. Pike Elec. Contractor v. Goodwill Missionary Baptist Church, 25 N.C. App. 563, 214 S.E.2d 276 (1975).

§ 61-5. Authority of bishops, ministers, etc., to acquire, hold and transfer property; prior transfers validated.

Whenever the laws, rules, or ecclesiastic polity of any church or religious sect, society or denomination, commits to its duly elected or appointed bishop, minister or other ecclesiastical officer, authority to administer its affairs, such duly elected or appointed bishop, minister or other ecclesiastical officer shall have power to acquire by gift, purchase or otherwise, and to hold, improve, mortgage, sell and convey the property, real or personal, of any such church or religious sect, society or denomination, for the purposes, in the manner and otherwise as authorized and permitted by its laws, rules or ecclesiastic polity; and in the event of the transfer, removal, resignation or death of any such bishop, minister or other ecclesiastical officer, the title and all rights with respect to any such property shall pass to and become vested in his duly elected or appointed successor immediately upon appointment or election, and pending appointment or election of such successor, such title and rights shall be vested in such person or persons as shall be designated by the laws, rules or ecclesiastic polity of such church or religious sect, society or denomination.

All deeds, deeds of trust, mortgages, wills or other instruments made prior to March 24, 1939, to or by a duly elected or appointed bishop, minister or other ecclesiastical officer, who, at the time of the making of any such deed, deed of trust, mortgage, will or other instrument, or thereafter, had authority to administer the affairs of any church, religious sect, society or denomination under its laws, rules or ecclesiastic polity, transferring property, real or personal, of any such church or religious sect, society or denomination, are hereby ratified and declared valid; and all transfers of title and rights with respect to property, prior to March 24, 1939, from a predecessor bishop, minister or other ecclesiastical officer who has resigned or died, or has been transferred or removed, to his duly elected or appointed successor, by the laws, rules or ecclesiastic polity of any such church, or religious sect, society or denomination, either by written instruments or solely by virtue of the election or appointment of such successor, are also hereby ratified and declared valid.

This section shall not affect vested rights, or repeal any of the provisions of G.S. 61-1 to 61-4, or of G.S. 36-21 to 36-23.

(1939, c. 177.)

Editor's Note. - G.S. 36-21 to 36-23, referred to in the last paragraph, were repealed by Session Laws 1977, c. 502. See now G.S. 36A-49 to 36A-51.

§ 61-6. House on vacant land vests title.

All houses and edifices erected for public religious worship on vacant lands, or on lands of the State not for other purposes intended or appropriated, together with two acres adjoining the same, shall hereafter be held and kept sacred for divine worship, to and for the use of the society by which the same was originally established.

(1778, c. 132, s. 6; R.C., c. 97, s. 2; Code, s. 3666; Rev., s. 2674; C.S., s. 3572.)

CASE NOTES

Purpose of Section. - This section was enacted in 1778 for purpose of covering those cases where church houses had been built on unused or unappropriated land to which no one had title. Floyd S. Pike Elec. Contractor v. Goodwill Missionary Baptist Church, 25 N.C. App. 563, 214 S.E.2d 276 (1975).

§ 61-7. Governing body of assembly authorized to adopt traffic regulations.

The governing body of any religious organization or assembly may by appropriate resolution establish rules and regulations with respect to the use of the streets, roads, alleys, driveways, and parking lots on the grounds or premises owned or under the exclusive control of such organization, and it shall be unlawful for any person to park a motor vehicle or other vehicle on the streets, roads or on the premises of a religious assembly where parking has been prohibited by the religious assembly by the erection of "No Parking" signs at each space on the street, road or on the premises where parking is prohibited. Each space in which parking is prohibited shall be clearly designated as such by a sign no smaller than 24 inches by 24 inches. All rules and regulations adopted pursuant to the authority of this section shall be recorded in the proceedings of said governing body and copies thereof shall be filed in the office of the Secretary of State of North Carolina.
It shall be unlawful for any person to park a motor vehicle or other vehicle in a parking space on the streets, roads, or premises of a religious assembly where the parking space has been designated by the religious assembly as being limited to a named individual or to a person holding a named position with the assembly; provided, that such private parking space or private parking lot be clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at the entrance to the parking lot, if within a parking lot, and provided further that the private parking spaces within the lot or the private parking spaces on the streets, roads or on the premises of the religious assembly be clearly marked by signs setting forth the name of each individual for whom the space is reserved or the name of the position held with the assembly for which space is reserved.
It shall be unlawful for any person to park a motor vehicle or other vehicle on the streets or roads of a religious assembly, except where parking is expressly designated, so as to interfere with, or obstruct the free flow of vehicular traffic on the streets or roads within the assembly grounds.
It shall be unlawful for any person to park a motor vehicle or other vehicle at the entrance to any driveway on the grounds of a religious assembly so as to block the driveway.
Any vehicle parked in violation of subsections (a), (b), (c), or (d) may be removed by the assembly, or its agents, or its employees to a place of storage and the registered owner of such motor vehicle shall become liable for removal and storage charges. Any person who removes a vehicle pursuant to subsections (a), (b), (c), or (d) shall not be held liable for damages for the removal of the vehicle to the owner, lienholder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
A "religious assembly" is defined as being a corporation or association formed for the purpose of providing a resort community for religious and recreational purposes and where the streets and roads are solely maintained by the religious assembly without governmental funds.

(1977, c. 398, s. 1; 1989, c. 644, s. 3.)