instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
question:
small pieces of the Walkway, or access to the Walkway, built upon it. See Def.-Int. Reply at p. 14 (noting that the second of two issues remaining for the Court to decide, given that the public trust doctrine gov erns a large portion of the land at issue, is “whether the state acted rationally in determining that access across the perpendicular paths and scattered small portions of the Walkway constructed on uplands is ‘reasonably necessary’ to protect that public’s right of access to the remaining 88.7 percent of the Walkway that is situated on tidelands”). Plaintiffs’ taking claims with respect to this small portion of the property at issue are governed by the reasonableness test enunciated in Matthews. See Matthews v. Bay Head Improvement Ass’n, 95 N.J. 306, 326, 471 A.2d 355 (1984) (<HOLDING>), cert. denied, 469 U.S. 821, 105 S.Ct. 93, 83 
 Holding statements: (A) holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege (B) holding that in order to exercise its rights under the public trust doctrine the public must be given both access to and use of privatelyowned dry sand areas as reasonably necessary (C) holding that the borough of deals dedication of a portion of a beach for use by its residents only was immaterial given the public trust doctrines requirement that the public be afforded the right to enjoy all dry sand beaches owned by a municipality (D) holding that under the public standing doctrine it is only necessary that the relator shall be a citizen and as such interested in the execution of the laws (E) recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public
answer:
holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act  of the public or public official asserted the use to be exercised as a matter of right rather than privilege


question:
L.Ed.2d at 1035-86). Unfortunately, the adjective "readily" is subject to differing interpretations, and there has been disagreement regarding the meaning of "readily mobile." Decisions of the Indiana Court of Appeals are not consistent regarding whether automobiles under police observation or control are readily mobile so as to be subject to warrantless search under the automobile exception. E.g., compare, v. State, T5 N.E.2d 1207, 1211 (Ind.Ct.App.2002) (legally parked automobile surrounded by police officers held not inherently mobile to qualify for automobile exeeption), transfer denied, and Edwards v. State, 768 N.E.2d 506, 508-09 (Ind.Ct.App.2002) (impounded vehicle no longer "inherently mobile"), trams. not sought, with Johnson v. State, 766 N.E2d 426, 483 (Ind.Ct.App. 2002) (<HOLDING>), trans. demied, and Justice v. State, 765 
 Holding statements: (A) holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver (B) holding that ready mobility existed when a car was capable of being driven even after the driver was arrested and despite the absence of other potential drivers (C) holding that ocga  40520 as safeharbor provision requires a defendant to produce a drivers license that was valid at the time the vehicle was being driven (D) holding warrantless search of vehicle was improper where car was not stopped on a highway but was parked at a residence with no occupants inside or near the vehicle and capable of being driven away by the turn of an ignition key (E) holding detention lawful when police referred driver to secondary to check ownership of the vehicle after the driver admitted that the car did not belong to him and the registration revealed that the car was owned by another
answer:
holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver


question:
purports to be — an authorization to settle the case for $500,000. In sum, the Court rejects Plaintiff's attempt to rely on this prior settlement discourse as a means to establish a viable amendment. 3 . Plaintiff could have amended her administrative claim at this time because the INS had not yet denied her claim. See generally 28 U.S.C. § 2675(a). However, Plaintiff elected not to file an amendment. 4 . Plaintiff contends that Defendant has the burden of showing that Plaintiff's injury was not reasonably foreseeable when Plaintiff filed her administrative claim. (PL’s Reply at 2-3.) Plaintiff is wrong. It is well settled that a plaintiff has the burden of proving “newly discovered evidence" under 28 U.S.C. § 2675(b). See Milano v. United States, 92 F.Supp.2d 769, 774 (N.D.Ill.2000) (<HOLDING>); see also Lowry, 958 F.Supp. at 719 (“The 
 Holding statements: (A) holding that newly discovered evidence must be that which existed at the time of trial but for an excusable reason was not discoverable until later (B) holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment (C) holding that a plaintiff has the burden of proof to show newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency (D) holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed (E) holding that the defendants evidence did not qualify as newly discovered evidence
answer:

holding that newly discovered evidence must be that which existed at the time of trial but for an excusable reason was not discoverable until later