Section 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.