In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Q: removal of the access can result in a taking under Article I, section 18, of the Oregon Constitution, if the state’s use is for a purpose other than a road purpose. But, in Judge Armstrong’s view, any modification of a road for road purposes that denies a landowner’s access does not give rise to a compensable taking. In so concluding, Judge Armstrong discounts as “dictum” the Supreme Court rationale in Burk that an abutter’s right of access to a conventional Highway “can be divested only by condemnation of the easement appurtenant to the abutting property.” 200 Or at 231. Judge Armstrong explains that the court’s conclusion in Burk cannot be reconciled with the court’s analysis in more recent cases in the context of regulations that affect road access. See, e.g., Schrunk, 242 Or at 73 (<HOLDING>). If, Judge Armstrong’s concurrence reasons, a 
 Holding statements: (A) holding that inverse condemnation claim challenging as a regulatory taking the states placement of a guard rail that blocked former access was not ripe for adjudication where owners had failed to apply for permit for alternative approach and it therefore was not possible to assess whether a taking had occurred as a result of a deprivation of all reasonable access (B) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking (C) holding ripe a claim for a pre1987 taking because prior to first english california law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation (D) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (E) holding that regulatory restrictions on abutting landowners right of ingress and egress are not compensable when landowner has adequate alternative means to access property

A: (B)
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Q: the action should pro ceed among the existing parties or be dismissed. Fed.R.Civ.P. 19(b). Defendant neglected to offer any explanation for how and why Mr. Stroud is essential, other than that he was named in the underlying state court case. That is not enough. Mr. Stroud is not a necessary or indispensable party under Rule 19 because this Court can administer complete relief — an order compelling arbitration— among the existing parties and Mr. Stroud himself is not claiming an interest in this arbitration action that will be impaired by his absence. Although failing to dismiss this case may result in piecemeal litigation, that factor alone is not compelling enough to find Mr. Stroud to be an indispensable party. Cf. Doctor’s Assocs., Inc. v. Distajo, 66 F.3d 438, 446 (2d Cir.1995) (<HOLDING>). This Court therefore properly limits its 
 Holding statements: (A) holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added (B) holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived (C) holding that district courts are required to compel arbitration of claims subject to arbitration clause even if the result is piecemeal litigation (D) holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration (E) holding that in determining whether diversity jurisdiction exists in petition to compel arbitration district court was correct in looking only to citizenship of parties in action before it  parties who signed arbitration agreement  and that nondiverse agents in underlying state case were not indispensable parties as any potential prejudice resulting from piecemeal litigation is overcome by faas strong bias in favor of arbitration

A: (E)
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Q: “there are many ways to show presentment of a motion for new trial to the trial court,” but “merely filing a motion is insufficient.” Id. at 24. Nonetheless, “ ‘[presentment’ must be apparent from the record, and it may be shown by such proof as the judge’s signature or notation on the motion or proposed order, or an entry on the docket sheet showing presentment or setting a hearing date.” Gardner, 306 S.W.3d at 305. It is undisputed that there was no ruling on Hiatt’s motions for new trial. The trial judge’s signature does not appear on either Hiatt’s motions for new trial or the proposed orders accompanying them. Additionally, there are no entries on the court’s docket .-Dallas 1992, no pet.), overruled on other grounds, Davis v. State, 870 S.W.2d 43, 46 (Tex.Crim.App.1994) (<HOLDING>). As for the anonymous notations and markings 
 Holding statements: (A) holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed (B) holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment (C) holding a certificate of presentation appearing on the last page of appellants motion for new trial did not establish presentment (D) holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment (E) holding a certification of service and presentment was insufficient to establish the trial court received actual notice of the defendants motion for new trial

A:
(E)
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