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Trespassing Question

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My dad got a ticket over the weekend while fishing in grand isle. He was in his boat fishing some of the marsh areas from La1. The person called the sheriff and asked to press charges because he's tired of people fishing on his land. Anyone ever received one of these before?
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had a post on here not very long ago about someone getting a ticket along hwy 1 between fouchon and grand isle. getting bad around that area!!! remember landowners think they not only own the land all the way down to china,

the air, all the water and every thing that lives in the water!!! if the water goes over hwy 1, they will give tickets if they catch u in their water!!! a lot of them not all are just jerks!!! I heard they are going to start branding the fish like cattle and if u get caught with their fish u in some big trouble!! u will get a ticket or hung for rustling!!! just had a thought, I wonder whats wrong with this world?? anybody got any idea???
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If he did not cross a persons land How was he to know? Was some measurement taken ? What proff was given to that agent that the land was owned by that person? What explaination was given by the agent?
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...don't leave 'da Chee Weez and Slim Jims wrappers and there is no trail ??? cheers
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the answer to your comment is probably the sheriffs dept knows all these rich landowners and just takes their word for it and they don't know you!!! like they say the man with the gold rules the roost!!! wildlife agents cant give trespassing tickets only the sheriffs dept!
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My dad said the officer qas extremely nice and wanted to let him go with a warning but the owner was persistent abiut pressing charges. I asked my dad about thw canals he was fishing in he said that one side had a posted no fishing sign and the canal he went down didn't. But he said the owner mentioned that he rides up and down LA1 all day looking for people fishing on his property and he will report them all.
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la. law says landowners don't have to post their property, which is dumb, but that's la. for you!!! the landowners say u suppose to know where u at all the time!!! especially in plaquemine parish a lot of the landowners say, even if u got a government made map of the area, the maps aren't correct!!! so-ooooooooooooooooo, lets see, no posted signs, maps aren't right, you just guess, I guess????? BUT THE LANDOWNERS say u suppose to know where you at, puzzling aint it??? when u on the water, its like driving from grand isle to seattle Washington without any road or street signs and a map thats not correct, but I guess u suppose to know where u at???
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   moonbeam
Many states have the same law about not posting private property, so be careful. In Colorado the land owners actually own the river bottoms, so if you float down the river its ok, but if you get out and stand in the river you could be trespassing. With all of the land washing out it is almost impossible to know what was land at one time, thus if land was there you are trespassing. Don't put a kayak in the water off of Hy 1 as the land along the hy 1 and ponds are private. The fish belong to God, but if you think about it Deer are the same way you can keep people from hunting the property and have the deer for yourself. Don't hear any complaints about that. I don't deer hunt, but fish alot.
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   Dr. Spot
Between the bogus trespassing tickets and the speed trap, I'm amazed anyone fishes this area anymore. The businesses in this area need to fight back or lose more customers. As for me, I haven't fished GM since 1997 and focused on WMAs around Lake Borgne and the reasonable landowners where none of this is an issue. That's about 500 fishing trips that circulated money to the wonderful people around Chef Pass, Bayou Bienvenue, Shell Beach, and Hopedale.
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   jrich14
I thought we had a navigable waterways law. What does that cover?
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   rhall301
In response to Dr. Spot.....Another one of your comments that lack any basis in fact, i.e. 'diversion do not work'

I am a rather large landowner, and just like you may own a home and would not want people trespassing unlawfully in your backyard, I feel the same way about my property.

The facts you fail to mention: For years, most, if not all, landowners allowed entry onto their property. Then when the owners started getting sued, starting finding trash, started getting citations from goverment agencis for having batteries and tires on their property, the access was stopped.

So not only do we now have a tax bill, us landowners have to have security cost and insurance cost, to keep people from doing illegal activity on our property.

Landowners are not required to post their property lines. It is the responsiblity of each individual who must know his whereabouts. If you do not like that, then get the law changed. Do you have any idea what it would cost to signage large properties in the marsh with so much access?

Yes, the good must suffer for the bad, but understand the landowners positon before you make a completely factually void statement.

As to your speed trap. First, many suits have been filed against the Golden Meadow P.D. claiming 'speed traps' exist. None have ever been successful. Admittedly, if you are one mile over the spped limit you might get a ticket, but never have there been any proof of entrapments. Just another statement you make without any factual support.

The reason, which many local people know, that the speed limit is so strict is as follows: Many years ago, the only road into and through Golden Meadow was Highway 1. The road had no shoulder on one side and Bayou Lafourche on the other.

As a result of several fatal car wrecks, some involving kids playing in their own yards, the speed limit was strictly enforced.

So, just remember if you going over the clearly posted speed limit you are committing a crime. If you are private property without permission you are committing a crime.

I guess it is your opinion that it is fine to commit crimes.

The biggest problem in our country today is self entitlement and a reluctance to accept personal responsibility.
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   Dr. Spot
Rhall, Please read:

http://www.speedtrap.org/city/4115/Golden%20Meadow

Pretty large consensus there is a speed trap. Yep, its a fact. And no one is advocating reckless driving.

Another fact, since you asked. 24% of Golden Meadow's town revenue is from speeding tickets: http://loga.la/louisiana-house-panel-puts-brakes-on-speed-traps/?print=print

And, as of course you know, the issue deals with the merits of navigable waters, tickets in unmarked waterways, etc. Reasonable people see a problem here, no matter how the issue is spun otherwise. Sign cost being a problem is a very poor excuse. And, no one is advocating trespassing on land. Land trespassing should be fined and prosecuted, and I those who litter while trespassing are scum of the earth and often are given an additional fine.

I'll leave it alone from here. There are fish to be caught on the East Bank.
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   e-man (R)
Please post a location as close as possible to where you dad got the ticket. I am going down bank fishing the last week of October and want to make sure that i am not on posted property.Or at least on property that i will get a ticket?
I have been bank fishing the area between fourchon and grand isle for over 30 years and only one time was i asked to leave. I had gotten permission to fish the area from one person and another person in the same family asked me to leave. I didn't argue i picked up my stuff and left.
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   moonbeam
Naviagable water ways are determined by a map about 100 years old. So all of the wash out areas are private. Only the main channels are public use waterways. I can't find my reference for the map and how to find them, when I do I will post. In Terrebonne parish I trespass about 70% of the time as I fish up in the marsh. But so does everyone in this area.
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I do not believe any law abiding person wants to trespass or break the law but if the don't know that they are on a persons property how do they know?????? I fish but not down there so if I decided to go how do I know if I am on private property?? I usually fish around lake P. and lake borgne so is there private land or water there? There are no markings there// but no I don't fish ponds where duck blinds are in season no one wants to step on toes but are lites off piers private ? why can't the law warn and if the problem persist then ticket criminals have more rights mike my opinion
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well rhall301, I can tell u this for sure!!! years ago my dad got stopped by the cops in golden meadow on hwy 1 for speeding! he traveled hwy 1 alot because of his job! cop said u were speeding, give me $25 now or pay the judge more!! my dad knew what went on in that area and didn't even argue, just gave the cop $25!! don't think things have changed too much!!! r u or family landowners r have friends that r, sure sounds like!!!
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   a.c.man
Beast same thing happened to me in Golden Meadow in 1979 and I still fish there but I see him periodically and for RH HALL HOW THE HECK IS A GUY IN A BOAT GOING TO LEAVE A BATTERY ON YOUR LAND SOUNDS LIKE YOU FEEL ENTITLED BY YOUR LAND LEASED FROM THE STATE SOUGHT OF LIKE LOUISIANA OIL AND GAS POSTING EVERYTHING AROUND LEEVILLE, CONTACTED MY REPRESENTATIVE DALE ERDEY ABOUT THIS SEVERAL YEARS BACK AND HE FELT IT WASNOT A ISSUE BUT THEN HE NEVER WAS RUN OUT OF LAKE LAURIER BY SOME JERK, BUT THATS WHY DALE IS UP FOR ELECTION AND A LOT OF HIS PEOPLE FISH THE AREA AND HE MIGHT WANT TO RETHINK HIS POSITION
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acman, sure hope dale rethinks his position and realizes whats really going on and burns some of these idiots!!! a boat battery, that's funny!!! was the boat still attached to it??? Vienna sausage cans or potted meat cans, would have been more believable!!!
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   JIMMY W
It is your place to know where you are and know what is private.We have the same problem with people thinking they can navigate any water..Not True!!Happy to hear that people are getting tickets:)
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   Ray
We fought this for many years and even found Representatives to offer amendments but due to all the big landowners lobbyists and pull with legislators they never made it through Committee. Our Representative asked us where were all the Sportsmen that wanted the right to fish our navigable waters when none of the showed up at the meetings but the landowners had their lobbyists and lawyers there in droves. Seems the sportsmen have to work for a living and never hear of the meetings, while the landowners have ears all over the Capital. Some even took it to court were it was ruled they have no standing in the Court(only the fish have standing it seems). Fishing is going the way of hunting and as long as the landowners can name their price on leases, then we are out of luck. Most leases often require the lessee to run off the fishermen, Only when we stop hunting and fishing and the LDWF runs out of the monies that we pay will this end. Sorry but only in Louisiana does anyone have the right to block or claim navigable waterways. Lots of lawsuits made it to Court in the Basin (LCPA) and they found several land-owners had dug canals to illegally divert running waters but nothing is ever done to them despite them being caught red-handed.
Check these areas that are posted and you will find Judges and Sheriffs hunting and fishing there from their FREE camps!! Ray
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   rhall301
Dr Spot...That is some fine required reading at your out of state college campus. Again, you failed to fact check your very own articles of supposed 'truth'.

Dr. Spot, you really should read the entire articles you site in support of your positions, as opposed to just the headlines.

The first article was an attempt to change a state law, but no facts existed as to Golden Meadow being a speed trap so it failed in committee. The second link was an open forum with people that admitted they broke the law but thought it unfair they received a citation.

Just like your so-called diversion expertise, you failed again to produce even the slightess support for your position that it is fine to break the speed limit while driving.

To the question of batteries and other items on private property. I, like others, own property that is not only accessible by water, but also land. It is not really a pleasure to see old tires, washer machines, batteries, peelings from seafood boils, beer cans, old freezers, broken ice chest, deer carcasses etc. on your property.

I can assure Beast and all others, most property owners do not denied acess because of selfish reasons, but because of the headaches associated with the few bad apples that make it cost prohibitive.
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   Dr. Spot
Fact - 24% of GM's revenue from speeding tickets. Ranked 28 out of 304 municipalities for revenue by fines and forfeiture in Louisiana per capita population by a LA state audit (http://www.thenewspaper.com/rlc/docs/2007/la-speedtraps.pdf). The law attempt was not specific to Golden Meadow but to speed traps in general, and irrelevant to the facts. Laws with merit often don't pass the legislature due to lobbying.

When the issue is brought up the legislature, newspapers, public forums, websites, and in casual conversation, and when the speed limit suddenly drops for no good reason, there is obviously a problem. It's not new, either. When I used to fish out of Grand Isle a long time ago, one marina had a special signed put up next to the ramp: 'Be careful! Don't speed in Golden Meadow!' But back then at least we didn't have to worry about tickets in navigable waters.

Tickets traps on the road and the water. Very sad situation.
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   rhall301
Dr. Spot....again you lack any facts. Many public records request were sent to the town of Golden Meadow and it ws proven over and over that your facts are wrong, not in a fourm on a website, but several judicial distrct courts.

Further, I hope you are not suggesting Golden Meadow has formed a lobby group to kill a bill in committe. That would be even more bazarre than your diversion arguments.

I guess in Mississippi, you teach that it is okay to break the law, because that is what you are stating in your comments.

If you travel over the speed limit it is a crime. If you trespass on private property it is a crime.

Where is the respect.
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Ok I get it, it's the sportsman's responsibility to know if the land is private. But if the land (marsh particularly)is not marked in any way and it connects to state land/water can someone please tell me how a law abiding sportsman that does not want to trespass can know what the boundaries of the areas they can and can not fish?

Is there any way to acquire the gps coordinates of a landowners boundary? Lets be realistic if a property owner doesn't have their property line marked in an open body of water, how do they even really know the boundaries of what they own?

I don't have a problem with property owners not wanting people to fish on their property even if it is now navigable water? My issue is, how is the responsible sportsman supposed to know what areas he can legally fish without trespassing?
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The old law about having to have things 'legally posted' was junk. The reason why is because someone can easily pull a posted sign and then play dumb. Landowners were constantly having to put up more and more posted signs.
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RAY, its not just judges and sheriffs, it goes a lot higher than that and not just fishing, deer and duck hunting too or whatever kind of hunting!!! ya, I wonder why landowners always win???? ANFISHERMAN, its virtually impossible to know where u at! a lot of the landowners say even the government maps are wrong!! guess we go fishing and just take a chance!!! I think the landowners just love giving tickets to show their power! like JimmyW SAID ON HIS COMMENT, HE'S GLAD THEY GIVING TICKETS!!! what a really nice guy????
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CrazyHoss sez...give 'dem greedy landowners a nice biggy property tax break and 'dem 'Posted Signs' will come down like 'Zoom Zoom'...yet that private property does act as a small 'Refuge' !!!...you 'Baby Boomers' have this all a mixed-up ???...cheers
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admiral,
where to you buy your good from?LOL
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A beastandasavage I agree. I have studied the government maps to try to find 'legal' places to fish. But as you pointed out many argue that the maps are not correct. I do not know whether they are or aren't. Regardless government entities whether Sheriff or LDFW should not be able to issue a citation for trespassing an area that is contrary to 'government produced' maps. The agents writing citations work for the 'government' not the 'landowners' that is unless corruption is indeed taking place and the landowners are paying off the local government.
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anfisherman I agree with you, a ticket should not be given if u have a map that shows u on public land, but the sheriffs deputy always believe the greedy landowner and I hear if u go to court, the judges will also side with the landowner!!! I think they call that justice, don't think so!!! I really think justice is blind, but always has that hand out!!!! good luck to everyone, except the greedy landowners!!!
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Kevin do you by chance have the name of the land owner that pressed charges against your father?
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ANFISHERMAN, it mite be that attorney from golden meadow, forget his name, but its one of them golden meadow names??? he said in another post, that he and his family had a meeting and was tired of trespassers, and decided to start giving tickets to everyone!!
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   rhall301
Beast...your argument has a big problem. You admit you 'heard' something. You are just like Dr. Spot, with no first hand information.

I and many of my landowner friends seek no pleasure in getting citations issued to trespassers. But it becomes a liability issue, a trash issue, a security issue, etc.

I trust the justice system less than anyone on this site, but I can assure you, if you provee you are on a public waterway, you will not be prosecuted.
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   fowlfish
So your are saying landowners are greedy if they don't want people on their property?
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RHALL301,i said I hear, but it was an actual comment a landowner said on another post on this very site!!! and how can u prove it if the maps aint correct either? its always up to the judge and u said u don't trust the justice system either? u called me dr. spot, I have no problem with that at all, thanks!!! FOWLFISH, not all but a very vast majority!!!
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RHALL301 you mention that if I can prove that I'm not on private property I won't be persecuted. All I'm asking is how can I know?!!! I don't want to trespass nor does it offend me that a landowner doesn't want me on their property. I get it, I would not want someone hunting on my hunting land either. I just want a way to positively know what areas I can fish. If I am out in the middle of the marsh and there are no visible markers how am I to know where the boundary limits are if I am not provided the GPS coordinates.

On a side note in technicality why should I have to prove that I wasn't trespassing, shouldn't the landowner have to prove that I was? Last I checked in America you are innocent until proven guilty.

I will go on record saying if indeed there is anyone that spends their day driving up and down LA 1 looking for trespassers. I feel sorry for that person. They are fortunate enough to have that property and they can't even enjoy it because they are too worried that someone else might be getting some enjoyment from it. They might be happier if they spent more time fishing and less time being a prick.
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   jrich14
Its hard to tell when land is not land. Its like getting a speeding ticket on a street with no posted speed - Which has happened to me. Its a cash cow for the sheriff.
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No, on the ticket just has the charges of Criminal Trespassing. I guess he won't get the name until they go to court. He said that he has learned his lesson and will never head that way to fish again. A warning I would understand being issued by the home owner via the sheriff but to say you want to press charges and you see the guys just there fishing not trashing your land or doing anything out of the way REALLY... Like I said I totally understand not wanting someone on your property... I think it was a stupid idea to have the signs removed don't know it's private until your stopped and charged like a criminal...
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Bummer about the ticket, but it has been a dozen years or so since the laws were changed.
Every inch of the state is owned by someone, including the water. The assessors office in every parish knows who that is. It's not impossible to find out, just not required to be spoon fed to us in the way of posted signs anymore.
Every fisher and hunter has to know where they are at, even if its not so easy to do.
Agreeing with the law, or not, doesn't do squat.
I recommend looking at the laws, and the maps personally. Use the internet connection that we all have and you can find better info.
The Lafourche parish assessor has a great online map. Still plenty of places to hunt and fish free.
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   e-man (R)
Again would you please tell us where he was so no one else gets caught up in this ?
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Sitting Bull sez:

...'da mo they mix-up 'da 'sheep' 'da mo 'da make $$$ cheers
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admiral, u aint saying this could be some kind of conspiracy, inside deal r whatever?? u know, like scratch my back and i'll scratch yours??? never in this country has this ever happened??? could this be like a speed trap or something like that??? cheers!!!!!
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We read: 'He was in his boat fishing some of the marsh areas from La1.'

It sounds as if the boat was launched 'from' the complainant's land into the marsh.

As stated before, for years, 100% of the state is posted by laws saying no 'posted' signs are required.

We are given no other details, but this sounds no different than if one drove down a driveway into a person's yard to launch a boat into a lake or river joining the person's yard.

Unless one is on their own property or property to which they have permission, a lease, etc., or in a public park, building, wildlife refuge, etc, or on roads for public use, they're probably trespassing.
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http://reut.rs/1JkWxCd

https://shar.es/15jF0y

http://www.louisianasportsman.com/details.php?id=8832
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Please read this link:

http://www.nola.com/outdoors/index.ssf/2014/08/louisianas_trespass_laws_lock.html

If somebody buys a piece of land and then water eats up some of that land or the surveyors never put all that water down in their survey back in the 1930's does the public have access right to that area if its accessible from any boat? That's the gist of it.
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   rocknet
We are just like Europe now... if you are not involved with big oil companies or land companies... or born into the right families...
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When I first got down here, I tried really hard to figure out where I could/couldn't fish.. but I messed up one and fished an unmarked private area and the owner acted like a complete ass. I tried to leave peacefully when he first informed me, but he was intent on giving me a lengthy ass chewing (filled with profanity). I informed him that he could me me at the launch if he wanted to discuss the issue further (and explained to him why he probably didn't want to), then I left. The prickish landowners (should call themselves water owners..) make me lose all respect for their property rights. Land owners say the bad apples ruin it for the others.. but the prickish land owners also ruin things for the decent ones. Respect is a two way street. Ask me nicely to leave, I will apologize and you will never see me again. Treat me like crap for making an honest mistake then you can go F yourself.

I don't litter because I respect the fish and wildlife, but in general.. if it isn't posted or isn't clearly someone's private property then I pretty well fish where I want.

Some of the entrances to these 'private' areas are larger than the 'public' canals attached to them. I am not nearly smart enough to look at a map before I go to bed, then remember which turn I can/can't take in the marsh the next day.

If I end up getting a ticket because I accidentally fished an unmarked area... F it... I am not rich but I can afford to fish, and it seems that in LA you can just about figure the risk of a trespassing fine as a cost of fishing. Hell... all of Delacroix is private property lol... they just don't enforce it (as far as I know).
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   niteboy82
As much of a paradise as it may be, people need to simply stop fishing down there. I hate to see some of the good people in the area suffer financially, but between these consistent reports and the Golden Meadow speed traps, why make the drive? It would be one thing if I was approached and told, 'you're on private property and I don't want you here. Please leave.' I would be OK with that and I would most definitely leave. When some of these property owners began yelling, cursing and threatening fishermen while insisting upon pressing charges rather than even giving a first warning, it's simply not worth the effort anymore.

The real shame is how many tax dollars go into coastal restoration that inevitably protects the 'land' these 'owners' claim. Taxpayers paying for this land's protection and being treated like crap for moving on non-posted waterways.
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...'Paradise' is only a frame of mind ???...this land might be your land...this land might be my land...try not paying your taxes ???...I'am still calculating the great guess ??? cheers
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