State Codes and Statutes

Statutes > New-york > Env > Article-25 > Title-4 > 25-0404

§ 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.

State Codes and Statutes

Statutes > New-york > Env > Article-25 > Title-4 > 25-0404

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-25 > Title-4 > 25-0404

§ 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.