Due to the continued deterioration of the former Holy Trinity Oratory, now relegated to profane but not sordid use, and a lack of the necessary funding to repair and maintain the former church edifice and adjacent Church property, consideration must be given as to whether sufficient just cause exists for the alienation of the now-relegated Holy Trinity Oratory and adjacent Church property.
Whereas the administrator of Saints Mary and John Parish, in whose territory the former Holy Trinity Oratory is situated, wrote to me out of concern for the fiscal stability of Saints Mary and John Parish in order to request that the former Holy Trinity Oratory and adjacent Church property be alienated;
Whereas the following reasons indicate that the now-relegated Holy Trinity Oratory and adjacent Church property, located at 219 N.W. Third Street, Evansville, Indiana, within the boundaries of Saints Mary and John Parish, may be alienated:
Whereas Holy Trinity Oratory was relegated to profane but not sordid use due to grave causes, effective 1 March 2017, which places significant financial expense on the parish for maintenance and repairs of the former oratory and adjacent Church property, giving rise to concern for the fiscal stability of Saints Mary and John Parish;
Whereas the structure of the former Holy Trinity Oratory has deteriorated to the extent that extensive repairs are necessary; such expense places a considerable financial strain on Saints Mary and John Parish;
Whereas, due to the prior relegation to profane but not sordid use, the former oratory is no longer available to be used for divine worship by the faithful;
Whereas the number of the faithful, whose donations principally sustain the parish, has diminished;
Whereas divine worship and pastoral activity have been consolidated to Saints Mary and John Parish, following the relegation of Holy Trinity Oratory to profane but not sordid use;
Whereas following the administrator’s consultation with the parishioners of Saints Mary and John Parish, including the parish pastoral council and the parish finance council, no interest was expressed in maintaining use of the former Holy Trinity Oratory, previously relegated to profane but not sordid use, and its adjacent Church property, particularly because the financial stability of Saints Mary and John Parish is jeopardized;
Whereas other reasonable sources of funding for the maintenance of the former Holy Trinity Oratory have been considered but found inadequate; it is not prudent stewardship to indefinitely provide funding for a former oratory which is in such poor repair and is no longer available for divine worship.
Furthermore, charity and other assistance to be bestowed on the poor cannot be neglected in order to preserve a former sacred edifice and its adjacent property.
Wherefore:
Having carefully considered the law and the facts; and
Having heard the administrator of Saints Mary and John Parish; and
Having consulted the Dean of the South Deanery; and
Having sought and obtained the written appraisals of experts who have provided the financial value of the property, in accord with canon 1293 §1, 2°; and
Having examined and accepted the experts’ estimates of the value of the property, and finding that the estimated value of the property lies between the minimum and maximum amounts established by the United States Conference of Catholic Bishops for the valid alienation of goods which constitute the stable patrimony of those public juridic persons subject to my episcopal authority, according to the norm of canon 1292 §1; and
Having consulted the members of the Council of Priests on 29 May 2018 in accord with the norm of canon 127 §1, and following discussion, no substantial objection to that proposal was offered; the Council of Priests voted unanimously in favor of the proposal; and
Having consulted and obtained the requisite consent of the College of Consultors on 29 May 2018 in accord with canon 1292 §1, and following discussion, no substantial objection to that proposal was offered; the College of Consultors voted unanimously in favor of the proposal; and
Having consulted and obtained the requisite consent of the Diocesan Finance Council on 21 June 2018 in accord with canon 1292 §1, and following discussion, no substantial objection to that proposal was offered; the Diocesan Finance Council voted unanimously in favor of the proposal; and
Having ascertained by means of the original deeds and other documents as well as having heard from others that there are no major donors and/or their heirs who may have donated the relegated church edifice and/or the land and whose consent is needed to place this juridic act in accord with canon 1292 §1; and
Having ensured that the alienation will be valid civilly; and
Having ensured that no harm shall come to the Church by the alienation of the property inasmuch as the proposed sale has been given a certain amount of publicity, the purchaser has the funds or the collateral to secure the payment, and the documents of the proposed sale have stipulations and restrictions inserted in them that the property may only be used for profane but not sordid use, in accordance with the norm of canon 1222 §2; and
Having ensured that there is no reasonable possibility of scandal or loss of the faithful resulting from the proposed alienation; and
Having determined that the good of souls will suffer no harm thereby; the spiritual and pastoral good of the parishioners is provided by Saints Mary and John Parish; and
Having ensured that its altar, sacred objects, and religious artifacts have been removed from the now-relegated Holy Trinity Oratory; and
Therefore, in accord with canons 1291, 1292 §1 and 1293 §1, 1° and 2°, and §2 of the Code of Canon Law, and having judged that sufficient just cause is indeed present, I hereby decree the alienation of the now-relegated Holy Trinity Oratory and adjacent Church property.
In accordance with the norm of canon 1222 §2, this alienation is only for profane but not sordid use. In keeping with the prescripts of canon 1294 §1, the aforesaid property cannot be alienated below its appraised value provided by the experts.
In accord with the prescripts of canon 1294 §2 of the Code of Canon Law, the income resulting from the alienation of the aforesaid property must be invested carefully for the advantage of the Church or expended prudently according to the purposes of the alienation.
The provisions of this decree are to take effect on 11 June 2019, all things to the contrary notwithstanding. This decree is to be communicated to all interested persons. These provisions may be appealed according to the norm of canon 1734 §§1 and 2.
Given at Evansville, Indiana
24 May 2019
Signed:
Most Reverend Joseph M. Siegel, DD, STL, Bishop of Evansville
Tim McGuire, Chancellor