Brian Blaesser practices in the areas of commercial real estate development and redevelopment, leasing, multifamily residential development, land use law and litigation, environmental and renewable energy law, and condemnation law.
Real Estate Development and Land Use
Brian represents real estate owners, investors, and developers in analyzing and securing requisite land use and development approvals from local governments, and negotiating and drafting development agreements. His development and related leasing experience includes single family and multifamily developments, assisted living and senior independent living facilities, retail, mixed-use, food and wholesale warehouse distribution, cinemas, solar development, and projects involving a wide range of environmental transactional and regulatory permitting matters involving the Massachusetts Department of Environmental Protection, the Massachusetts Division of Fisheries and Wildlife, the U.S. Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers.
Brian has extensive experience in assisting developers in addressing specific growth management and sustainability initiatives involving issues such as impact fees, adequate public facilities, growth phasing, transferable development rights, design review, form-based codes, preservation of community character, planned developments, growth phasing, and green building and sustainable development requirements.
Redevelopment and Public-Private Partnerships
Brian structures public/private partnerships with state and local governments on behalf of landowner and developer clients and is experienced in utilizing public financing mechanisms such as special assessment districts (SADs) and tax increment financing (TIF) to achieve economic development objectives. He is the principal author of a Tax Increment Financing Study prepared for the National Association of Realtors® and is the co-editor and an author of the American Bar Association book, Redevelopment: Planning, Law and Project Implementation (ABA Publishing: 2008).
Brian has extensive experience in state and federal trial and appellate courts in real estate and land use litigation, including the takings issue, First Amendment issues involving sign regulations, impact fees, vested rights, mechanics liens, appeals of denials of variances and special permits, EPA enforcement actions, violations of Section 1983 of the Civil Rights Act, and coastal beach erosion. He formerly served as Special Assistant Attorney General for eminent domain actions brought by the Illinois Departments of Transportation and Conservation. In his current practice, Brian handles condemnation matters for landowners and developers. He is co-author of the book, Condemnation of Property: Practice and Strategies for Winning Just Compensation (Wiley Law Publications: 1994).
Publications and Teaching
Brian is the author of numerous publications on real estate development, including the books, Reinventing Development Regulations (Lincoln Institute of Land Policy: 2017), Federal Land Use Law & Litigation (Thomson-Reuters: 2018), and Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion (Thomson-Reuters: 2018). As a Lecturer at the Harvard Graduate School of Design, with an appointment at the Kennedy School of Government, he has taught courses on planning and environmental law and on public/private partnerships. He also has taught real estate development at the Columbia Business School Paul Milstein Center for Real Estate.
Brian has been listed in The Best Lawyers in America© in the area of Real Estate Law since 2010, and ranked in Chambers USA: America's Leading Lawyers for Business in the Commonwealth of Massachusetts in the area of Real Estate: Zoning/Land Use since 2013. He has also been selected to the Massachusetts Super Lawyers list from 2004 through 2018. Brian is a LEED Accredited Professional (LEED AP BD+C) and has been awarded the Counselor of Real Estate (CRE®) designation.