On The CBAs Of The American Land Use Regulation And The Enlightenment To China

Community benefits agreements emerged in late1990s and early2000s in USA.A community benefits agreement (CBA) results from negotiations between adeveloper proposing a particular land use and a coalition of community organizationsthat claims to represent the individuals and groups affected by the proposeddevelopment. CBA is a method to improve the public participation of the land use,and it widely spread through the whole country and play an important role in the landuse regulation. In a CBA, the private developers negotiate with the nonprofitcommunity groups or local government. In return, the developer agrees to provide tothe community such benefits as assurances of local jobs, affordable housing, andenvironmental improvements, to achieve the win-win situation. And the written formis the guarantee for the interest of each side. The parties involved in the CBAs includethe affected communities or the community groups, the private developer and theagencies and the officials of the government. According to the signer, there are mainlytwo kinds of CBAs, one is the private CBAs, and the other is the public CBAs. In thesigning and enforcement of the CBAs, it argue that whether the community groupsinvolved in CBAs can represent the community; whether they are legal or whetherCBAs would chill the appropriate development and the monitoring problems.CBAs also appear in the practice of the land use regulation of China, for example,the stock dividends in the tourism development and construction of the highway;directly involvement in the industrial park construction and the peasants “land bank”.These explorations play active role in the land use regulation, but there has nocorresponding mechanism. Use the experience of America, combined the Chinesenational conditions, CBAs can apply in the practice of the public participation in landuse regulation, to help construct the NIMBY facilities and the surrounding gainproject. Make sure that the public participation becomes a necessary procedure of theland use process; relax the intervention qualification of the interest relevant parties;make variety ways of public participation. All of these will help ease the contradictionamong the affected communities, the private developer and the agencies of thegovernment, improve the development of public participation in land use process.