Timothy P. Duggan, Shareholder and member of Stark & Stark’s Real Estate, Zoning & Land Use group, will serve as Co-Chair of the 4th Annual CLE International Eminent Domain Seminar. The seminar will be held Friday April 17, 2009 at the Hilton in Newark, New Jersey.
Continue Reading Stark & Stark Shareholder to Serve As Co-Chair of 4th Annual CEL International Eminent Domain Seminar

Recently, the Appellate Division of the Superior Court of New Jersey was required to determine whether the holders of tax sale certificates for unpaid real estate taxes were entitled to be paid from the proceeds of a condemnation award when the estimated environmental clean-up costs exceed the fair market value of the property. After a thorough review of the law, the court held that the tax liens could not be paid until the amount of the environmental liability was determined, even if it meant that the tax liens may never get paid.
Continue Reading Almighty Tax Lien Loses Battle to Environmental Escrow in Condemnation Action

A case decided in 1999 found an exception to the general rule of reimbursement of legal fees upon abandonment. In Essex County v. RAR Development, 323 N.J.Super. 505 (Law Div. 1999), the trial court denied a request for allowance of legal fees and expenses in a case where the County filed a condemnation complaint, but abandoned the lawsuit before the commissioners held their hearing.
Continue Reading Upon Abandonment, Condemnor Must Pay Legal Fees and Expenses

Timothy P. Duggan, Chair and Shareholder of Stark & Stark’s Condemnation group, was the guest commentator on GlobeSt.com’s website in response to the question, What are your views on eminent domain? GlobeSt.com is a real estate website providing news alerts, discussion forums and real estate related resources to cities across the nation.
Continue Reading What are your views on eminent domain?

On June 13, 2007, the New Jersey Supreme Court reversed a lower court ruling which upheld the designation of a parcel of property as being in “need of redevelopment.”
Continue Reading New Jersey Supreme Court Reviews The Blighted Areas Clause of the New Jersey Constitution And Strikes And Invalidates a Redevelopment Designation

The New Jersey Turnpike will be widened between Interchanges 6 and 9, including widening the existing roadway from three to six lanes in each direction between 8A in Monroe Twp. and 6 in Mansfield Twp. The Authority also intends to widen the Garden State Parkway between mileposts 30 and 80. Other road projects are occurring on local, county and state roads. Many road-widening projects require that some private property be purchased or condemned under the power of eminent domain.
Continue Reading When Partial Takings Become Complete