Friday, September 4, 2009


What effect would a Community Bargaining Agreement have between a historic community and a land planning developer? The answer is.... probably no effect at all. A CBA specifies the public benefit and amenities that a particular developer will provide to the impacted community in exchange for the community's support. These agreements are tailored to benefit both sides. However, some issues can arise. 1. Who will have standing to challenge and enforce the CBA's terms? 2. Are the terms enforceable? 3. Do such agreements lack consideration?

One successful CBA comes to mind when questions are raised regarding there efficiency. The Stapes Center in Los Angeles had a very successful agreement which has yet to produce any conflicts. Even though there are wide disparities between L.A. and say a city like Montgomery, Alabama, a CBA could possibly have a positive impact on your development. Overall, CBA's should be judged on a case by case basis, but I think the public good outweighs the harm.

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