Splitting tax base between units to make a project work.
Esshaki Legal Media TeamCurrent as of January 2026
Where a development site straddles boundaries, or where one unit has the land
and another the services, revenue sharing agreements allocate the benefits.
Authority. Statutes authorizing conditional land transfers, joint economic
development, and intergovernmental cooperation. Without express authority such
arrangements are vulnerable, since a municipality generally may not give away
tax revenue.
Structure. A defined district; allocation of property and income tax revenue
by percentage; allocation of the cost of services; a term; and a governance
mechanism for decisions within the district.
Zoning and approvals. Which unit’s ordinance applies, and whether a joint
review process is created.
Infrastructure. Who builds, who maintains, and how capacity is allocated.
Term and termination. Long enough for the development to mature, with
provisions for what happens on termination — which is where these agreements are
usually silent.
Amendment requiring action by each participating body.
Practical value. These agreements resolve the incentive problem that
produces boundary disputes and competitive incentive bidding between neighboring
units, and they are politically difficult precisely because they require both
bodies to accept a fixed division in advance.