Hello again Tweetie: Dino posted some interesting comments that I must address. He said,
"Hello all!! Tweetiebird, The glorious Bonham incident occured in mid-1986."
This must be about correct. I was an Elder and traveled on business to Texas from Californai at the time. But the local Elders spoke of the event as though it has happened earlier than this.
Dino said,
"Back in those days the society allowed a totally different legal structure for the governance of the local congregation. There were TRUSTEES who looked after the interests locally."
I refer to my first post above to you. But the Society did not dictate how the congregation legal status was done. In some states they incorporate as a non-profit with officers, such as President, Vice President, etc. and the official members were joint owners. In other states they could be a non-profit association, etc. The Society only required that to identified as Jehovah's Witnesses the congregation must register with the Society. That was true from the time J. F. Rutherford forced the registration of all congregations of Bible Students, thus ending the unofficial affiliation.
Dino said,
"But since the Kingdom Hall property was legally in effect deeded to the trustees, the WT had no legal leg to stand on."
Dino is not correct in how it was deeded. Real property is not deeded to Trustees, but to the organization or legal entity they oversee. If the ocngregation was a non-profit Texas corporation with the membership as joint owners, then it is clear that the Society had no legal interest in the property. If you call a real estate agent, a title company, or the county recorder in the area they can get the deed history, or 'chain of title'. This can be done for free in many states, but some counties will charge a service fee as will some title companies.
Dino said,
"From that time on congs were all incorporated under the WTBTS of New York (in the US). Local elders are elected to hold the offices of president, vice-pres, and secretary by the local body of elders."
This is false, or better stated not universally true. Long after the Bonham incident each congregation was still functioning under thier own corporate charter. This was true in my congregation in California where I served as Elder and Secretary. I held a copy of the Deed and congregation Corporation charter. When I moved to Oregon this was still the same in that congregation. While I was not the Secretary, I did audit the records and reviewed the assets, and deed. I refer you to my post above for additional details.
Dino continued,
"Today the hall involved is a duplex apartment and the local cong. is still affected by all that went on back in 1986 from what I hear. But it is still fully functioning with about 60 pubs."
I did not follow the history, but I recently learned that the old congregation that lost the Hall built a new one up on a hill nearby, and are still functioning.
Today, the Soceity uses corporations in various states for farms, warehoouses, and convention purposes. I have no doubt that in may cases new Kingdom Halls have their deeds either under the ownership of some Watchtower arrangement, or at least have a 'poison-pill' clause in their local congregation corporate charters that automatically award the Hall to the Society as beneficiary in the event of the demise of the congregation. This is how many denominatinal conventions, synods, and conferences operate today. But much depends on the laws in each state, and how the congregation was originally established.
If they are all now owned by the Society, this is news to me, because in checking deeds I do not find that the Watch Tower Society owns any Kingdom Hall in the state where I practice. So if they do, it must be under a pseudo name, such as a bank trust. But, if I were incorrect, then this is great news because when these lawsuits get more momentum it will be easier to attack the assets after a motion of discovery. All the assets owned by one entity makes the Society very vulnerable. - Amazing