Timothy P. Duggan is the Chair of Stark & Stark’s Condemnation, Redevelopment, and Eminent Domain Group. The main focus of this group is representing private property owners in challenging the government’s right to take private property by the use of the power of eminent domain (also known as condemnation) and prosecuting inverse condemnation claims. Mr. Duggan regularly represents clients whose highway access and property rights have been revoked or taken by the New Jersey Department of Transportation, County Agencies and utility companies, and has experience in handling all aspects of eminent domain, including relocation assistance, modification of highway access, and litigating the amount of just compensation. Mr. Duggan represents property owners in urban redevelopment projects and pipeline cases, and has experience in both state and federal courts. Mr. Duggan also handles a variety of other real estate litigation, including adverse possession claims, partition actions, quiet title claims and title insurance claims. Mr. Duggan has been awarded the CRE® designation by the Counselors of Real Estate®, an international group of real estate professionals recognized as leading advisors in complex real property matters with approximately 1,000 members worldwide, of which less than 10% are practicing attorneys (www.cre.org).
Mr. Duggan is also Chair of Stark & Stark’s Bankruptcy & Creditors’ Rights Group. Mr. Duggan represents national and community banks, agricultural lenders, franchisors, equipment leasing companies, shopping centers and trade creditors in commercial litigation and bankruptcy cases, with a focus on Chapter 12 and complex Chapter 11 cases. Mr. Duggan has substantial experience in creditor-rights litigation, including foreclosures, receiverships, equipment repossession and writs of replevin, assignments for the benefit of creditors, and negotiating corporate loan restructuring. Mr. Duggan’s litigation experience covers most aspects of bankruptcy litigation, with a focus on defending preference and fraudulent transfer actions.
Mr. Duggan in very involved in the local community. Mr. Duggan is on the Board of the Hunterdon County Meals on Wheels, Vice President of the Friendly Sons & Daughters of St. Patrick of Mercer County, Treasurer of the South Hunterdon Lady Eagles Basketball Booster Club, coach and team manager of the Lambertville 7th and 8th grade girls’ basketball team, and past teacher of religious education at St. John’s Church in Lambertville.
Mr. Duggan is a frequent speaker and author on topics related to bankruptcy, eminent domain and tax appeal matters. Mr. Duggan served as Co-Chair of CLE International’s seminar on Eminent Domain in 2005, 2009 and 2014, and lectures nationally for CLE International’s Eminent Domain Conference in Orlando, Florida and Austin, Texas. Mr. Duggan spoke at the 21st Annual William H. Gindin Bankruptcy Bench Bar Conference in 2019 on bankruptcy considerations for Franchisors and Franchisees. Additionally, he spoke at the 2019 International Council of Shopping Centers (ICSC) Conference on Franchisor/Franchisee bankruptcy and the impact on commercial leases.
Representative Experience
*Results may vary depending on your particular facts and legal circumstances*
- In a condemnation case filed by a Township in Central New Jersey to acquire a closed golf course for open space, the government offered the property owner $1,340,000 in just compensation. Stark & Stark negotiated a settlement of $4,500,000.
- In a condemnation by the New Jersey Department of Transportation for the reconstruction of a bridge in Union County New Jersey, the State offered the property owner $40,000 for a partial taking of a 5-foot wide section of land along the highway. The property was being used as a car dealership. After a week-long trial, the jury awarded Stark & Stark’s client $750,000.
- In a condemnation case involving a large commercial property in Camden New Jersey being taken by the government for a new County facility, Stark & Stark negotiated a settlement of $10,150,000, representing an increase of $2,335,000 above the government’s appraised value. The case was settled on the eve of trial.
- In a condemnation case filed by a New Jersey public university in Camden New Jersey, Stark & Stark obtained a jury verdict in the Superior Court of New Jersey for $4,450,000 for owner of a historic bank building. The public university argued the property was worth $2,375,000.
- Stark & Stark was counsel for over 45 property owners, governmental entities and non-profit organizations, opposing the PennEast Pipeline in the United States District Court for The District of New Jersey. PennEast proposed to build a natural gas pipeline (about 114 miles) through Pennsylvania and parts of New Jersey. After years of litigation, PennEast dismissed the condemnation action and the pipeline is not being built.
- In a condemnation case filed by a local municipality in New Jersey to take a pier in Monmouth County, Stark & Stark negotiated a final settlement for $2,500,000. The municipality has appraised the property for $100,000.
- In a condemnation case filed by a local municipality in Burlington County New Jersey for the taking of a small portion of property to build a sidewalk along the Delaware River, Stark & Stark obtained a jury verdict in the Superior Court of New Jersey for $85,250, more than three times of government’s appraised value of $25,000.
- Stark & Stark successfully defended an appeal for a commercial property owner and obtained a favorable decision for a property owner against a billboard company who was seeking a large portion of the owner’s award of just compensation. The Appellate Division of the Superior Court of New Jersey found in favor of Stark & Stark’s client and held that a billboard is personal property for purposes of eminent domain.
- Stark & Stark Represented public entity as special counsel in the acquisition of property abutting Route 22 in Bridgewater New Jersey on a $60 million road project.
- Stark & Stark represented a public entity in negotiating complex access and takings issues involving railroad rights, railroad crossing agreements and complex title issues.
- Stark & Stark negotiated design changes to a road widening project involving the New Jersey Turnpike to protect a property owner against flood damage.
- Stark & Stark negotiated substantial relocation benefits for the relocation of a chemical company in New Brunswick.
*Results may vary depending on your particular facts and legal circumstances*
