§ 25-0404. Judicial review.

Any person aggrieved by the issuance, denial, suspension, or
revocation of a permit may within thirty days from the date of the
commissioner's order seek judicial review pursuant to article
seventy-eight of the civil practice law and rules in the supreme court
for the county in which the tidal wetlands affected are located. In the
event that the court may find that the determination of the commissioner
constitutes the equivalent of a taking without compensation, and the
land so regulated otherwise meets the interest and objectives of this
act it may, at the election of the commissioner, either set aside the
order or require the commissioner to acquire the tidal wetlands or such
rights in them as have been taken, proceeding under the power of eminent
domain.