New Jersey approved a gas tax in 2016 to replenish the New Jersey Transportation Fund. The proceeds of the tax are to be used to make infrastructure improvements throughout New Jersey. In addition, the Trump administration recently announced a policy to support infrastructure projects on a national level.
Modification of highway access is one of the most problematic and confusing areas of the law. As a general rule, the government’s use of its “police power” enables it to regulate the state highway system. In New Jersey, the government also has the benefit of the Highway Access Management Act. In adopting the Highway Access… Continue Reading
What is eminent domain and who uses it? Eminent Domain is the power of the government to take private property and convert it into public use. Government agencies that use eminent domain include state government agencies like the Transportation department and local agencies tied to the municipalities. “The Fifth Amendment provides that the government may… Continue Reading
Negotiating the conveyance of land rights with an experienced negotiator is often difficult and confusing at best. Terms such as temporary construction easement, slope easement, and fee simple interests are thrown around as if the public knows what they mean. Some terms also have acronyms (“TCE” for temporary construction easements or “SE” for slope easements),… Continue Reading
A plain reading of the Fifth Amendment to the United States Constitution, commonly referred to as the “Taking Clause,” appears on its face to limit the government’s right to take private property only in instances where the property will be put to a public use. However, over the years, the United States Supreme Court has expanded… Continue Reading
This past week, Timothy P. Duggan, Chair of Stark & Stark’s Bankruptcy & Creditors’ Rights, Tax Appeals, and Eminent Domain Groups, held two presentations for the Mercer County Bar Association and the New Jersey State Bar Association. Mr. Duggan’s first presentation was collaborated with fellow Shareholder Jeffrey M. Hall, member of the Eminent Domain Group,… Continue Reading
Stark & Stark Shareholder Timothy P. Duggan, Chair of the firm’s Eminent Domain Group, will present at the CLE International’s “Eminent Domain Conference: Preparing You for the Future of Condemnation,” which will be held on March 26-27, 2015, at The Westin in San Diego, CA. Mr. Duggan will be Key Note Speaker on the “Featured Panel Presentation”… Continue Reading
Timothy Duggan Esq., Shareholder and Chair of the Stark & Stark’s Eminent Domain Group, was a featured guest on the newest episode of NJTV’s Due Process titled “Foreclosures: A New Way Out?”
Stark & Stark Shareholder Timothy P. Duggan, Chair Stark & Stark’s Bankruptcy & Creditor’s Rights, Eminent Domain and Real Estate Tax Appeal Groups, was a Star-Ledger Guest Columnist in the op-ed article “Irvington’s Eminent Domain Plan Not the Answer,” published on January 29, 2014.
What happens when a bank is on the eve of a foreclosure sale and a municipality wants to acquire the property being foreclosed by eminent domain? If the pre-litigation offer is rejected by the owner, is the bank entitled to take over the negotiations as the true party in interest?