Grievance/condemnation. In the event that the court
finds the action reviewed constitutes a taking without just compensation
and the land so regulated merits protection under this article, the
court may, at the election of the Commissioner of the New York State
Department of Environmental Conservation or Town Board, respectively,
either set aside the order or require the Commissioner or Town Board,
respectively, to proceed under the condemnation law to acquire the
wetlands or such less than fee rights as have been taken.