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This entry was published on 2014-09-22
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SECTION 57-0135
Judicial review
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 1
§ 57-0135. Judicial review.

Any person aggrieved by a final determination by any governing body
acting under this title, may within thirty days from the date of such
determination seek judicial review pursuant to article seventy-eight of
the civil practice law and rules in the supreme court. The commission
shall be a party to any such proceeding. In the event that the court
finds that the determination of such governing body constitutes the
equivalent of taking without just compensation, the commission may set
aside the determination of such governing body, or if the land so
regulated otherwise meets the goals and objectives of this title and if
the commission or the governing body has sufficient funds therefor, the
commission or the governing body may acquire such land or interest in
lands as have been taken, proceeding under the power of eminent domain.
All issues in any proceeding under the power of eminent domain shall
have preference over all other civil actions or proceedings.