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. 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.
question:
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
answer:
(B)

question:
the conversations as they occurred. Further, this officer testified that after speaking with Diana Buchanan during her arrest, he was "convinced" that the voice on the tape was Diana Buchanan's. Although the district court did not elicit testimony as to all the Biggins elements, the officer sponsoring the recording gave adequate testimony to support the recording's reliability. All the voices were identified, and there was no intimation that the tape had been altered. Further, the testifying officer explained how the recording was made, and testified as to its accuracy. Accordingly, we cannot say that the district court abused its discretion in admitting the tape as an accurate reproduction of relevant conversations. See United States v. Lance, 853 F.2d 1177, 1181-82 (5th Cir.1988) (<HOLDING>). C Diana Buchanan next argues that the
Holding statements: (A) holding that the 2d11b1 enhancement was proper where a firearm and drugrelated items were found in the defendants residence where he had also engaged in conspiratorial conversations (B) holding recordings properly authenticated where law enforcement agents who participated in the taped conversations testified that according to their memories the audio and video tapes contained accurate recordings of the conversations that occurred (C) holding that foreign bank documents found inside a persons home were properly authenticated (D) holding that the plaintiffs fourteenth amendment substantive due process claim was foreclosed because the fourth amendment provided protection for their claim that law enforcement officers participated in an unlawful seizure of their mobile home (E) holding that government met its burden with evidence that agents found a firearm and other drugrelated items in the defendants house where defendant engaged in conspiratorial conversations
answer:
(B)

question:
"When the legislature enacts provisions of a uniform or model act without significant alteration, it may be generally presumed to have adopted the expressed intention of the drafters of that uniform or model act." Heirs of Ellis v. Estate of Ellis, 71 S.W.3d 705, 346 (2001) ("We hold, as have the overwhelming majority of jurisdictions, that the offense of wilfully selling unregistered securities requires proof only that the defendant intended to do the act prohibited by the statute."); Greenhill v. State, 199 Ga.App. 218, 404 S.E.2d 577, 581 (1991) ("The trial court's instruction that willful means knowingly and intentionally [selling unregistered securities when the defendant himself was unregistered] was not in error."); State v. Kershner, 15 Kan.App.2d 17, 801 P.2d 68, 70 (1990) (<HOLDING>); Commonwealth v. Allen, 441 S.W.2d 424, 427
Holding statements: (A) holding that clearly established means the contours of the right were so clear at the time the officials acted that a reasonable official would have understood that what he was doing violated that right (B) holding it immaterial that one charged with willfully selling unregistered securities had no actual knowledge that he was violating the law because he was presumed to have and is chargeable with knowledge of the laws under which he was undertaking to do business (C) holding that for purposes of the second question the right must have been clearly established in a particularized sense such that a reasonable official would have understood that what he was doing violated that right (D) holding that willfully violating the prohibition on engaging in business as a brokerdealer or agent without registering with the state means the defendant acted intentionally in the sense that he was aware of what he was doing (E) holding that the evidence at trial showed hart was aware that what he was doing was wrong
answer:
(D)