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44 Urb. Law. 827 (2012)
The Sleeping Giant: Community Benefit Agreements and Urban Development

handle is hein.journals/urban44 and id is 855 raw text is: 827 The Sleeping Giant: Community Benefit Agreements and Urban Development Dr. Thomas A. Musil* COMMUNITY BENEFIT AGREEMENTS (CBAs) are one of the most powerful tools that community groups have to shape development projects. CBAs have been used in large, highly subsidized urban economic de- velopment projects including Los Angeles International (LAX) Air- port, the Staples Center, and Yankee Stadium; and the use of CBAs will likely expand to smaller-scale development projects in the future. This article presents an investigative pilot study of CBA advocacy groups, the negotiation process, land use regulatory issues, and a survey on the nature and composition of community stakeholders negotiating CBAs with developers in the United States. To this author's knowledge, this paper presents the first survey research investigating CBAs. *Dr. Musil is a real estate professor in the Department of Finance at the University of St. Thomas in Minneapolis. Formerly, the author held positions as the director of the Master of Science Program in Real Estate and the Shenehon Center for Real Estate Education (1993-2009) at the University of St. Thomas, director of the Real Estate Education Program at the University of Minnesota (1980-1988), and director of the Minnesota Center for Real Estate and Housing Education at St. Cloud State Univer- sity. The author would like to thank Ms. Alexandra L. Zabinski for providing invalu- able research assistance on this project. 1. Several notable CBAs are currently in effect: Atlanta Beltline CBA (Atlanta, 2005: Light rail track around the city, appropriate redevelopment; creation of a tax al- location district whose revenue will fund redevelopment area improvements), http:// communitybenefits.blogspot.com/2008/05/atlanta-beltline-community-benefits.html (last visited Aug. 24, 2012); Atlantic Yards CBA (Brooklyn, 2005: Stadium construc- tion for New Jersey Nets, office and retail space, housing; emphasis on oversight of project areas by certain community groups); Ballpark Village CBA (San Diego, 2005: Office and retail space, housing; addresses environmental commitments, em- ployment, housing, and other community needs), http://www.scribd.com/doc/ 31432536/Atlantic-Yards-Community-Benefits-Agreement-CBA (last visited Aug. 24, 2012); CIM Project CBA (San Jose, 2003: Construction of retail and entertainment complex; provisions for various community benefits including affordable housing and construction effects mitigation), http://www.communitybenefits.org/downloads/CIM %20CBA.pdf (last visited Aug. 24, 2012); Clean Energy Pilot Program CBA (Port- land, 2009: Upgrading city homes to be more energy-efficient; emphasis on equitable contracting and hiring), http://www.iscvt.org/resources/documents/portlandCWA.pdf (last visited Aug. 24, 2012); Columbia University CBA (New York City, 2007: Con- struction of new facilities; funding of community services and amenities, creation of benefits fund), http://www.columbia.edulcu/gca/pdf-files/CBAAgreement.pdf (last vis- ited Aug. 24, 2012); Gates-Cherokee CBA (Denver, 2003: Demolition and redevelop- ment of abandoned rubber plant on brownfields area into retail space and housing; em- phasis on local and equitable hiring, with various other community benefits), http://amy. m.lavine.googlepages.com/ColoradoCBAFRESCContract.pdf (last visited Aug. 24,

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