Timothy P. Duggan

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.

Tim regularly represents clients whose highway access and property rights have been revoked or taken by the New Jersey Department of Transportation, County Agencies, and utility companies, and has experience in handling all aspects of eminent domain,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. He represents property owners in urban redevelopment projects and pipeline cases and has experience in both state and federal courts. Tim also handles a variety of other real estate litigation, including adverse possession claims, partition actions, quiet title claims, and title insurance claims. He 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.

Tim is also Chair of Stark & Stark’s Bankruptcy & Creditors’ Rights Group. He 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.

Tim 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. His litigation experience covers most aspects of bankruptcy litigation, with a focus on defending preference and fraudulent transfer actions

Tim is very involved in the local community. He 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.

Tim is a frequent speaker and author on topics related to bankruptcy, eminent domain, and tax appeal matters. He 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. Tim also 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.

Bar/Court Admissions

New Jersey
U.S. District Court, District of New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York

Education

J.D., Seton Hall University School of Law, 1991
M.B.A., Seton Hall University, 1988
B.A., Chemistry, University of Delaware, 1984

Representative Experience

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

Mr. Duggan stopped the taking of the Henry Farm in Cranbury, New Jersey and permanently protected the farm by having it enter into the New Jersey Farmland Preservation Program.
In a condemnation case filed by Middlesex County to take a driveway easement over a warehouse project, Stark & Stark was successful in having the condemnation action dismissed, arguing there was no public benefit supporting the taking.
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 the 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*

Thought Leadership

Eminent Domain

Speaker, Eminent Domain Issues. 2026 Redevelopment Law Institute. January 23, 2026.
Speaker, Navigating Eminent Domain: Key Issues in Land Valuation Litigation. The Knowledge Group. March 24, 2025.
Moderator, Litigating Partition and Adverse Possession Claims. Hunter County Bar Association – 2025 Election Day Marathon. November 5, 2024.
Speaker, New Jersey Easements, Rights-of-Way, and Eminent Domain. HalfMoon Education Webinar. May 23, 2024.
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.
Quoted, Oaklyn Plans Property Purchase for Cannabis Site. The Retrospect. July 13, 2023.
What did we learn from the battle to defeat the PennEast Pipeline? NJ.com. November 7, 2022.
Speaker, Episode 187: Eminent Domain with Timothy Duggan. Retail Retold Podcast. August 18, 2022.
Speaker, Eminent Domain: 2021 Update. NJICLE. November 15, 2021.
NJ Goes Down Swinging in PennEast Pipeline Supreme Court Case. August 4, 2021.
Quoted, Top Court Sides with PennEast on Pipeline. The Times of Trenton. June 30, 2021.
Stark & Stark’s Duggan Statement on Supreme Court’s PennEast Pipeline Decision. Insider NJ, Patch.com – Princeton, American Towns – Flemington, American Towns – Princeton, Patch.com – Flemington, & American Towns – Hopewell. June 30, 2021.
Quoted, PennEast will scrap pipeline if it loses U.S. Supreme Court appeal. NJ Spotlight News. April 29, 2021.
Quoted, Show & Tell: Contesting PennEast’s effort to use the power of eminent domain. ROI-NJ.com. March 8, 2021.
Why PennEast Pipeline suit makes case for states’ rights. ROI-NJ.com. February 8, 2021.
Featured, Union County Property Owner Wins Verdict vs. NJDOT in Eminent Domain Case. InsiderNJ.com. February 21, 2020.
Interviewed. Penn East Pipeline Update. Princeton TV. November/December 2019.
Quoted, PennEast Pipeline Project Faces Uncertainty After Federal Court Decision. CentralJersey.com. November 13, 2019.
Freeholders Told Court Ruling Big Setback for PennEast Pipeline. Bucks County Herald. October 3, 2019.
PennEast Pipeline Suffers Major Setback, County’s Attorney Says. TAPinto.net. September 21, 2019.
PennEast Litigation Seeks to Change Landscape in Natural Gas Act Condemnations. Law.com. September 13, 2019.
PennEast Resubmits Permit Applications for Proposed Pipeline. CommunityNews.org. August 28, 2019.
Nearly a Year After Federal Approval, PennEast Pipeline Still Faces Uphill Battle. The Morning Call. November 12, 2018.
Hunterdon Freeholders will Fight PennEast on Eminent Domain. Bucks County Herald. March 15, 2018.
Featured, Hunterdon Freeholders to Fight PennEast’s Eminent Domain Plan. NJ.com. March 9, 2018.
PennEast Pipeline Gains FERC Approval, Faces Local Battles. Town Topics. February 14, 2018.
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.
Penneast Pipeline Approval Could Allow Company to Access Private Properties. Bucks County Herald. February 1, 2018.
PennEast Gives Holdout Landowners Until Feb 5 to Accept ‘Final Offer’. The Morning Call. February 1, 2018.
Explosive Battle Looms over PennEast Pipeline Project. NJBIZ. January 29, 2018.
Opposing the PennEast Pipeline: Understanding the Real Issues at Stake. NJ.com. May 5, 2017.
Interviewed. Eminent Domain & Pipeline. Princeton TV. April 4, 2017.
Property Owners Challenge Eminent Domain for Pipeline. New Jersey Law Journal. April 3, 2017.
Interviewed. PennEast Pipeline Discussion. Hunterdon Chamber Radio. February 15, 2017.
What to Do When the Pipeline Comes Calling? NJ.com. February 13, 2017.
Frequently Asked Questions on Negotiating Pipeline Easements. NJ.com. January 30, 2017.
Speaker, Condemnation Clauses & Leases. Real Estate Commercial Leasing – Hot Topics & Trends Mercer County Bar Association CLE. November 15, 2016.
Quoted, 11 Years Later, Still No Traction on Lawmaker’s Anti-‘Kelo’ Bill. New Jersey Law Journal. October 27, 2016.
Is the PennEast Pipeline Taking Really for the Public’s Benefit? NJ.com. May 26, 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.
PennEast Pipeline: Asserting Your Right to Deny Access for Survey Purposes. NJ.com. April 29, 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.
The PennEast Pipeline: Know Your Rights. NJ.com. August 10, 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.
Beach Replenishment Project May Be Delayed, The Press of Atlantic City, September 2, 2014.
Irvington’s Eminent Domain Plan Not the Answer (Op-Ed), Star Ledger, January 29, 2014.
CLE International National Super Conference on Eminent Domain. Austin, TX. January 20-23, 2009.
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.
Eminent Domain Mortgage Battle Is a Lose-Lose Situation, The Street. August 2, 2013.
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.
When Road Widenings Become Complete Takings, Real Estate New Jersey, June 2007.
Eminent Domain Reform and The Art of Compromise, Real Estate Weekly, June 13, 2007.
Case Law Developments. Lorman Eminent Domain in New Jersey. New Brunswick, NJ. April 17, 2007.
Effects of Road Widenings, Northeast Real Estate Business, April 2007.
Protecting Your Property in the Age of Redevelopment, New Schools, and Public Benefit, US1 – September 2004; Town Topics – September 2004.

Bankruptcy

Moderator, Alternative and Creative Business & Real Estate Liquidations. Community Bank & Private Lender Workout Conference. April 11, 2024.
Cramdown Litigation: Considering COVID in Valuing Real Estate in Chapter 11 Cases. New Jersey Law Journal. January 26, 2022.
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.
In for a Penny, In for a Pound: Condominium Liens and Anti-Modification Clause of Bankruptcy Code. American Bankruptcy Institute Newsletter. May 31,2016.
Nonperforming Loans and Litigation: Comparison of Pennsylvania and New Jersey Law. Financial Managers Society All Day Seminar. April 23, 2015.
A Matter of Interpretation: Did the NJ legislature really intend for debtors to get a free home six years after acceleration of a mortgage loan? New Jersey Law Journal. February 2, 2015.
Ad Valorem Tax Certificates: Are Tax Liens Subject to Anti-Modification under §511? American Bankruptcy Institute Journal. September 2014.
Foreclosures: A New Way Out? Due Process. NJTV. May 25 and 27, 2014.
Back From the Brink, MIDJersey Business, September 2013.
Bankruptcy Law: Shopping for a Chapter 11 Forum, New Jersey Law Journal, February 4, 2013.
What to do When the Bank Comes Knocking at Your Door, New Jersey Lawyer, October 2010.
Bankruptcy Do’s & Don’ts for Personal Injury Attorneys, New Jersey Law Journal, January 18, 2010.
Stub Rent Revisted, New Jersey Law Journal, January 12, 2009.
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.
You Can’t Always “Trust” an Annuity, New Jersey Law Journal, January 15, 2007.
Small Business Issues/Impact of 2005 Amendments. NJICLE Annual Bankruptcy Bench Bar Conference. New Brunswick, NJ. April 21, 2006.
Another Blow to Asbestos Bankruptcies, New Jersey Law Journal, March 6, 2006.
2005 Bankruptcy Amendments: Advantage Commercial Landlords, Real Estate New Jersey, October 2005.
Informal Proof of Claim: Form or Substance, American Bankruptcy Institute Journal, June 2005.
Bankruptcy Law: Sheriff Gets Commission on Foreclosure, New Jersey Law Journal, March 21, 2005.
Bankruptcy Trustee v. Non-Debtor Spouse – Is the Battleground State Court or Bankruptcy Court, New Jersey Family Lawyer, December 2004.

Real Estate Tax Appeals

Speaker, TRO, Injunction and Select Chancery Topics. Mercer County Bar Association XTREME CLE. October 22, 2025.
Quoted, N.J.’s largest city orders 1st property tax revaluation in 10 years. NJ.com July 26, 2023.
Presenter, Infrastructure Projects Special Interest Groups. ICSC PA/NJ/DE Conference & Deal Making. September 5, 2018.
Quoted, The Hard Way to Learn About Taxes. U.S.1. August 30, 2017.
Property Revaluations in New Jersey — What is Really Going On? NJ.com. November 11, 2016.
Co-Author. Taking Charge: Owners Can Avoid Pitfalls in Tenant Leasing. Commercial Investment Real Estate Magazine. September/October 2016.
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.
Featured, Tax Appeal Time Approaches: Should You File? U.S.1. March 2, 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.
Surviving The Silent Killer, New Jersey Law Journal, January 28, 2008.
Correcting Mistakes in Tax Assessments, US 1 Newspaper, January 28, 2008.
The Time is Right for Reducing Your Tax Assessment, Journal of Property Management, March/April 2002.

Honors & Awards

New Jersey Super Lawyers List issued by Thomson Reuters (Methodology)
- 2010 – 2019, 2021, 2025; 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.

Professional Organizations

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
Counselors of Real Estate