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.

Q: the necessity for government to be able to take private property for governmental purposes, see The Federalist No. 10 (James Madison), that power could be exercised only by making the private property owner whole. Thus the distinction plaintiffs attempt to draw is unavailing. Analytically, whether common law-based tort and contract law is subject to statutes of limitations, with or without sovereign immunity in the case of suits against the government, is unrelated to the question of whether constitutionally based takings claims may be made subject to such statutes. Which leads to the question of the applicable law. This court hears a goodly number of takings cases. In some the plaintiff property owner prevails. See, e.g., Ciéne-ga Gardens v. United States, 331 F.3d 1319 (Fed.Cir.2003) (<HOLDING>); Palm Beach Isles Assocs. v. United States, 
 Holding statements: (A) holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts (B) holding that island owners had rights to the thread of the channel (C) holding housing statutes create no rights in tenants for purposes of section 1983 (D) holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs (E) holding that statutory abrogation of lowincome housing owners contract rights was a taking

A: holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts
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Q: private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation .... The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it .will be recognized as a taking. 260 U.S. at 415, 43 S.Ct. at 160. The seminal case regarding the constitutionality of zoning ordinances is Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303 (1926). The Supreme Court first noted that zoning ordinances were, at that time, of recent vintage predating the case by approximately twenty-five years. 272 U.S. at 386, 47 S.Ct. at 117. See Hadacheck v. Sebastian, 239 U.S. 394, 36 S.Ct. 143, 60 L.Ed. 348 (1915). The Euclid 60 (E.D.N.Y.1992) (<HOLDING>); Kasdon v. G.W. Zierden Landscaping, Inc., 541 
 Holding statements: (A) holding that cases claiming that government action requires just compensation must be determined on an ad hoc  basis (B) holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis (C) holding state of the law must be determined at time of challenged action (D) holding that detailed exhaustion scheme of the civil rights of institutionalized persons act cripa is inconsistent with discretion to impose on an ad hoc basis a judicially developed exhaustion rule in other cases (E) holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis

A: holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis
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Q: 515 N.W.2d at 39 (citing the Rich tripartite test, and noting that since Rich we have adhered to its analysis regarding application of the incidental rule); Ripperger, 514 N.W.2d at 750-51. I think it is apparent that a challenge to the instruction, particularly in a case where the evidence supporting confinement in excess of that incidental to sexual abuse was thin, a challenge to a jury in-, struction as not conforming with Rich and its clear progeny applying the tripartite test was a claim worth raising. See State v. Schoelerman, 315 N.W.2d 67, 72 (Iowa 1982) (finding nothing would have stopped an attorney from raising an issue if the attorney would have consulted the law in other jurisdictions when none existed in Iowa); see also State v. Ross, 845 N.W.2d 692, 698 (Iowa 2014) (<HOLDING>); State v. Ondayog, 722 N.W.2d 778, 785 (Iowa 
 Holding statements: (A) holding that neither failure to object to an instruction nor an express statement of no objection to an instruction waive plain error review pursuant to rule 3020 (B) holding that the failure to object to an instruction constitutes a waiver of error (C) holding failure to disclose may constitute supplying false information to support negligent misrepresentation claim where such failure breaches a statutory duty (D) holding that a party must submit a proposed instruction to preserve an objection for appeal (E) recognizing failure to preserve error by objecting to an inaccurate jury instruction breaches an attorneys duty

A:
holding that neither failure to object to an instruction nor an express statement of no objection to an instruction waive plain error review pursuant to rule 3020
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