Church of the Word in Gainesville settled a property dispute with the Episcopal Diocese of Virginia last week, agreeing to give up $1.95 million in VDOT money and stay unaffiliated from the Anglican Diocese of Virginia for at least five years.

The April 19 settlement ends a four-year legal battle that began when the parishioners of Church of the Word voted nearly unanimously to break away from the Episcopal Diocese of Virginia in 2007 over the national Episcopal Church's acceptance of homosexuality.

According to Anglican District of Virginia chairman Jim Oakes, losing the money that VDOT owed for right-of-way acquisition totaled about two-thirds of the actual net worth of the property.

However, the part of the settlement in which Church of the Word agreed to stay unaffiliated from the Anglican District of Virginia as well as the Convocation of Anglicans in North America and the Anglican Church in North America is what irked him and other Anglicans.

"We think that was a very punitive and unnecessary provision, but nonetheless, we are glad they have been able to get out form under the litigation and get on with their life," said Oakes.

In a statement, Episcopal Bishop Shannon Johnston defended the agreement.

""This is a welcome and appropriate resolution for all involved," Johnston said. "It allows everyone to continue their important work while we will continue to preserve and expand the legacy of the Episcopal Church for future generations."

Litigation continues for seven other Anglican churches that also left the Episcopal Church, including St. Paul's in Haymarket. The basis of the argument is whether the Episcopal Diocese of Virginia or the individual church congregations themselves are the rightful owners of physical church property.

The Church of the Word settlement is the second time any of the breakaway churches have settled with the Episcopal Diocese of Virginia out of court. Church of Our Saviour in Oatlands settled on February 20, according to an Episcopal press release.

Both sides agreed that Church of the Word had a unique set of circumstances around its settlement given the pending construction of U.S. 29. The construction plans lent immediacy to the need to reach a deal and the sheer amount of money involved from an outside source like VDOT is likely to be isolated from other church agreements.

In whole, the Episcopal Diocese of Virginia receives the $1.95 million from VDOT while the Church of the Word congregation keeps the building, church property, the property's mortgage and $85,000 from VDOT with the ability to negotiate for more money, according to the Episcopals and confirmed by Oakes. Church of the Word Pastor Robin Adams also can stay on the CANA health care and retirement plans.

Asked why Church of the Word agreed to such a settlement, especially when it has the five-year disaffiliation clause attached to it and that the Anglicans insisted they are the rightful owners of the property, Oakes said, "Why does anybody settle?"

He added that the cost of litigation has been expensive and a "tragic distraction from our mission.

"You do reach a point where you say it's better to go ahead any pay some money even though you think you're in the right in order to get the matter behind you," said Oakes.

The practical effect of the settlement is that it is not likely set a precedent for resolving current litigation with the seven other churches simply because the VDOT clause is such a major part of it. It does, however, mean that the two sides can hammer out an agreement when absolutely necessary.

Along with St. Paul's, the other six churches currently tied up in litigation, which began formerly with court arguments on Monday, include the Falls Church in Falls Church, Truro Church in Fairfax, Church of the Apostles in Fairfax, St. Stephen's in Heathsville, St. Margaret's in Woodbridge and Church of the Epiphany in Herndon.