Timothy P. Duggan

Timothy P. Duggan

Shareholder

Phone: 609.895.7353
Fax: 609.896.0629

tduggan@stark-stark.com

Hamilton, NJ

100 American Metro Boulevard
Hamilton, NJ 08619
Secondary phone: 800.535.3425
Fax: 609.896.0629

Timothy P. Duggan is the Chair of Stark & Stark’s Condemnation, Redevelopment, and Eminent Domain Group. The main focus of this group is property valuation litigation and 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 Duggan regularly represents clients whose highway access and property rights have been revoked or taken by the New Jersey Department of Transportation, County Agencies and utility companies, and has experience in handling all aspects of eminent domain,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 prosecutes real estate tax appeals for banks, developers, automobile dealerships, condominium and homeowners’ associations, shopping centers, and commercial property owners and is a member of the Firm’s Flood Litigation, Development & Mitigation Group. Mr. Duggan has also 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.

Mr. Duggan is a frequent contributor to the New Jersey Law Blog. You can read Mr. Duggan’s most recent blog post here.

Representative Experience

*Results may vary depending on your particular facts and legal circumstances*

  • 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*

  • American Bankruptcy Institute - Author of Articles & member
  • New Jersey Institute of Continuing Legal Education
  • New Jersey State Bar Association
  • Mercer County Bar Association
  • Appraisal Institute
  • New Jersey Super Lawyers List issued by Thomson Reuters (Methodology)
    • 2010 – 2019, 2021; Creditor Debtor Rights: Business, Eminent Domain
  • Best Lawyers List issued by Woodward/White, Inc. (Methodology)
    • 2007 – Present; Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
    • 2011 – Present; Litigation – Bankruptcy

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Bankruptcy

  • Franchisor/Franchisee Bankruptcy and the Impact on Commercial Leases. International Council of Shopping Centers (ICSC) Conference. September 12, 2019.
  • Bankruptcy Considerations for Franchisors and Franchisees. 21st Annual William H. Gindin Bankruptcy Bench Bar Conference. April 4, 2019.
  • Mortgage Foreclosures, Tax Sale Certificate Foreclosures & Short Sales – What Investors Need to Know. Credit Union of New Jersey (CUNJ) Breakfast Club. April 27, 2017.
  • Nonperforming Loans and Litigation: Comparison of Pennsylvania and New Jersey Law. Financial Managers Society All Day Seminar. April 23, 2015.
  • Foreclosures: A New Way Out? Due Process. NJTV. May 25 and 27, 2014.
  • Insolvency in Franchise Business: Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code. Strafford Publications Webinar. December 4, 2008.
  • Asset Sales in Bankruptcy. NJICLE Annual Bankruptcy Bench Bar Conference. New Brunswick, NJ. May 2, 2008.
  • The American Law Journal. Bankruptcy expert on legal television show. WFMZ-TV- Ch. 69. November 12, 2007.
  • Hot Topics Corporate Bankruptcies. NJICLE Annual Bankruptcy Bench Bar Conference. New Brunswick, NJ. April 13, 2007.
  • Real Estate: Chancery 101: A Guide for the Unwary Transactional Attorney. Mercer County Bar Association. Lawrenceville, NJ. February 8, 2007.
  • Small Business Issues/Impact of 2005 Amendments. NJICLE Annual Bankruptcy Bench Bar Conference. New Brunswick, NJ. April 21, 2006.

Eminent Domain

  • Speaker, Eminent Domain and Land Valuation Litigation: Regulatory Updates and Case Studies. The Knowledge Group Webcast. December 12, 2023.
  • Quoted, Cinnaminson business owner trying to fight off township’s bid to take over properties. WHYY News. November 15, 2023.
  • Speaker, New Jersey Land Laws and Ethics for Civil Engineers. HalfMoon Education Webinar. October 17, 2023.
  • Speaker, Protecting Your Investment From Government Takings. ICSC@PA/NJ/DE. September 7, 2023.
  • Speaker, Episode 187: Eminent Domain with Timothy Duggan. Retail Retold Podcast. August 18, 2022.
  • Speaker, Eminent Domain: 2021 Update. NJICLE. November 15, 2021.
  • Interviewed. Penn East Pipeline Update. Princeton TV. November/December 2019.
  • Interviewed. PennEast Pipeline Update Discussion.  WDVR Radio (89.7 in Delaware Township, NJ; 90.5 WPNJ in Easton, PA.; and 96.9 which serves the communities in and around Trenton, Princeton and Lawrenceville, NJ). February 5, 2018.
  • Interviewed. Eminent Domain & Pipeline. Princeton TV. April 4, 2017.
  • Interviewed. PennEast Pipeline Discussion. Hunterdon Chamber Radio. February 15, 2017.
  • Speaker, Condemnation Clauses & Leases. Real Estate Commercial Leasing – Hot Topics & Trends Mercer County Bar Association CLE. November 15, 2016.
  • Interviewed. PennEast Pipeline Discussion. Cumulus Radio Stations (4). May 24, 2016.
  • Interviewed. PennEast Pipeline Discussion. In the Public Interest – WiMG 1300. May 17, 2016.
  • Interviewed. PennEast Pipeline Discussion. Talented People – Hunterdon Chamber Radio. April 20, 2016.
  • Interviewed. PennEast Pipeline. Talented People: Hunterdon County Chamber of Commerce Radio. March 23, 2016.
  • Eminent Domain and Condemnation Law for New Jersey Civil Engineers. HalfMoon Education, Inc. Somerset, NJ. December 17, 2015.
  • Public Utilities and Condemnation. Mercer County Bar Association. Ewing, New Jersey. November 17, 2015.
  • Preparing You for the Future of Condemnation. CLE International Eminent Domain Conference. San Diego, CA. March 26-27, 2015.
  • The Fundamentals of Condemnation Law. New Jersey Institute for Continuing Legal Education (NJICLE). New Brunswick, NJ. September 23, 2014.
  • Eminent Domain Reform in New Jersey and Ethics for the Eminent Domain Practitioner. CLE International Eminent Domain Update Conference. New Brunswick, NJ. January 13, 2014.
  • CLE International National Super Conference on Eminent Domain. Austin, TX. January 20-23, 2009.
  • Appeals: Preserving the Record; Choosing the Issues to Brief; Writing a Compelling Brief. CLE International National Conference on Eminent Domain. Orlando, FL. May 5-6, 2008.
  • Mock Trial: Land Planning Issues. CLE International New Jersey Eminent Domain Conference. Princeton, NJ. October 15-16, 2007.
  • Case Law Developments. Lorman Eminent Domain in New Jersey. New Brunswick, NJ. April 17, 2007.

Real Estate Tax Appeals

  • Presenter, Infrastructure Projects Special Interest Groups. ICSC PA/NJ/DE Conference & Deal Making. September 5, 2018.
  • The Legal Effects of 1031 Exchanges, Tax Appeals and Tax Sale Certificates on Your Commercial Real Estate Transactions. Stark & Stark MCE Seminar. September 22, 2016.
  • Interviewed. Real Estate Tax Appeals Discussion. Talented People – Hunterdon Chamber Radio. March 23, 2016.
  • Speaker, Taxing Issues for Condominium Associations and HOAs: Real Estate Tax Assessments of Common Elements and Real Estate Tax Liens. NJICLE 2015 Community Association Law Summit. November 18, 2015.

Bankruptcy

Eminent Domain

Real Estate Tax Appeals

Multiple locations to better serve your needs—

Hamilton, NJ

100 American Metro Boulevard
Hamilton, NJ 08619
Phone: 609.896.9060
Secondary phone: 800.535.3425
Fax: 609.896.0629
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Marlton, NJ

40 Lake Center, 401 NJ-73, Suite 130
Marlton, NJ 08053
Phone: 856.874.4443
Secondary phone: 888.241.7424
Fax: 856.874.0133
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Yardley, PA

777 Township Line Road, Suite 120
Yardley, PA 19067
Phone: 267.907.9600
Fax: 267.907.9659
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New York, NY

5 Pennsylvania Plaza 23rd Floor
New York, NY 10001
Phone: 800.535.3425
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Philadelphia, PA

The Bellevue 200 S Broad St #600
Philadelphia, PA 19102
Phone: 267.907.9600
Secondary phone: 800.535.3425
Fax: 215.564.6245
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Bridgeton, NJ

78 W Broad St
Bridgeton, NJ 08302
Phone: 856.874.4443
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