Brian Blaesser practices in the areas of commercial real estate development and redevelopment, leasing, land use and environmental law, condemnation law and litigation.
Mr. Blaesser 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 facilities, retail, mixed-use, retail food and wholesale warehouse distribution, cinemas, and projects involving a wide range of environmental transactional and regulatory permitting matters involving the Massachusetts Department of Environmental Protection (MassDEP), the Massachusetts Division of Fisheries and Wildlife, the U.S. Environmental Protection Agency (EPA), and the U.S. Army Corps of Engineers (ACOE).Mr. Blaesser 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, U.S. EPA enforcement actions, and violations of Section 1983 of the Civil Rights Act. He is the co-author of the book, Federal Land Use Law & Litigation (Thomson-Reuters/West: 2013). Mr. Blaesser formerly served as Special Assistant Attorney General for eminent domain actions brought by the Illinois Departments of Transportation and Conservation. In his current practice, he handles condemnation matters for landowners and developers and is the principal author of the book, Condemnation of Property: Practice and Strategies for Winning Just Compensation (Wiley Law Publications: 1994).
Mr. Blaesser also has extensive experience in assisting developers in addressing specific growth management and sustainability initiatives involving issues such as impact fees, adequate public facilities (APF), growth phasing, transfer development rights, design review, neo-traditional development standards, form-based codes, preservation of community character, and urban growth boundaries (UGBs).
As another dimension of his real estate development practice, Mr. Blaesser structures public/private partnerships with state and local governments on behalf of landowner and developer clients and is experienced in utilizing development agreements and public financing mechanisms such as special assessment districts (SADs) and tax increment financing (TIF) to achieve economic development objectives. He is the co-editor and an author of the American Bar Association book, Redevelopment: Planning, Law and Project Implementation (ABA Publishing: 2008).
In addition to his books on redevelopment, condemnation and federal land use litigation, Mr. Blaesser is the author of the book, Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion (Thomson-Reuters/West: 16 th ed. 2013). 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 is an appointed member of the International Council of Shopping Centers (ICSC) National Environmental Subcommittee and is the appointed 2013-2014 ICSC Eastern Division Government Relations Chair. Mr. Blaesser is also an elected member of Lambda Alpha International, the honorary land economics society, member of the Abstract Club of Massachusetts, and was a Fulbright Scholar.
Mr. Blaesser has been listed in The Best Lawyers in America® in the area of Real Estate Law since 2010 (Copyright by Woodward/White, Inc., Aiken, SC) and is ranked in the 2013 Chambers USA: America's Leading Lawyers for Business in the Commonwealth of Massachusetts in the area of Real Estate: Zoning/Land Use. Has also been named to the Massachusetts Super Lawyers® list in the areas of Real Estate, Land Use, and Environmental law since 2004 (Copyright Key Professional Media, Inc.). He is also a LEED Accredited Professional (LEED AP BD+C).