Community Benefit Agreements: New Vehicle for Investment in America's Neighborhoods

Abstract

Community Benefit Agreements (CBAs) are a relatively new feature of the land use planning process for major public-private developments. The CBA is a legally enforceable contract negotiated directly between the developer and a broad-based community coalition. Developers agree to provide valuable benefits to the community (e.g., park space or recreational facilities, a living wage for workers), and they receive in turn valuable support from the community for the proposed development. Both signatories to a CBA want to see the project built (otherwise, the community gets no benefits), so CBAs are not a vehicle for NIMBY-style (not in my back yard) opponents. CBAs put developers into a direct dialogue with representatives of the community most immediately impacted by their proposed project, thereby enhancing the democratic legitimacy of public-private partnership agreements that are usually negotiated between governmental officials and private developers with little or no participation by nongovernmental stakeholders. Public officials, private developers, and community organizations share a common interest in negotiating and executing CBAs. Consequently, land use lawyers need to understand how they can assist their public, private, and nonprofit clients in conducting CBA negotiations.