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Texas Man Takes Last Stand Against Keystone XL Pipeline
npr ^ | December 25, 2012 | Elizabeth Shogren

Posted on 01/01/2013 9:47:16 AM PST by Colonel Kangaroo

David Daniel, an east Texas landowner, was so determined to block the Keystone XL pipeline from coming through his forest that he built an elaborate network of treehouses eight stories above the ground.

It popped into my head a long time ago, actually," says 45-year-old David Daniel. "If I had to climb my butt on top of a tree and sit there, I would. It started with that."

...Staging A Tree-sit

For 80 days, a couple dozen protesters took turns living up in Daniel's treehouses. Some wore masks to hide their identities. TransCanada, in a lawsuit it filed against the protesters, calls them eco-terrorists and put 24-hour security guards around its pipeline route to protect its equipment.

Grace Cagle, a protester with the Tar Sands Blockade, has spent a total of 17 days up in the trees.

(Excerpt) Read more at npr.org ...


TOPICS: News/Current Events; US: Texas
KEYWORDS: keystone
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Maybe this guy could get help from the Saudi government to fund his treehouse efforts.
1 posted on 01/01/2013 9:47:21 AM PST by Colonel Kangaroo
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To: Colonel Kangaroo

I’d bet my next paycheck this POS is a California or Northeast “transplant”; friggin’ moron.


2 posted on 01/01/2013 9:51:09 AM PST by Common Sense 101 (Hey libs... If your theories fly in the face of reality, it's not reality that's wrong.)
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To: Colonel Kangaroo
An agent for Saudi interests fighting against American energy independence and fighting to increase the chances of war, bloodshed and national peril.


3 posted on 01/01/2013 9:52:23 AM PST by Colonel Kangaroo
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To: Colonel Kangaroo
Why....I thought all the keyboard conservatives would be supportive of a citizen's right to decide how and who uses his property. A couple hundred foot wide swath through a forest would pretty much ruin it.
4 posted on 01/01/2013 10:01:33 AM PST by count-your-change (You don't have to be brilliant, not being stupid is enough.)
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To: Colonel Kangaroo
Texas should just start issuing tags for “Masked Tree Sitters”, one male, one female per season, open all year.
5 posted on 01/01/2013 10:02:23 AM PST by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Colonel Kangaroo

Was the man compensated for HIS land? Or did the gov’t just take it?

From the way this reads, this is still his property, he just now has no rights.


6 posted on 01/01/2013 10:02:29 AM PST by Marie ("The last time Democrats gloated this hard after a health care victory, they lost 60 House seats.")
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To: Common Sense 101
I’d bet my next paycheck this POS is a California or Northeast “transplant”; friggin’ moron.

His past career was a circus high wire act.

7 posted on 01/01/2013 10:04:33 AM PST by bgill (We've passed the point of no return. Welcome to Al Amerika.)
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To: Colonel Kangaroo

From the article: “TransCanada’s lawsuit suggests the company might seek up to $500,000 in damages.

That knocked the fight out of Daniel. He and TransCanada struck an agreement, which neither Daniel nor the company will discuss.”

As a fella said, “Follow the money.”

I suspect his “noble” resistance hinged on how much money he could extract from TransCanada.


8 posted on 01/01/2013 10:05:02 AM PST by Oatka (This is America. Assimilate or evaporate.)
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To: Common Sense 101

One word: Chainsaw. Would that end up being a Texas Chainsaw Massacre? What a moron. Did his materials fall from the sky? My guess is a lot of it came by some means of transportation involving “fossil” fuels. Just how many dinosaurs were there anyway? Must have been gazillions of them.

Share the lead.


9 posted on 01/01/2013 10:05:02 AM PST by rktman
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To: Colonel Kangaroo

I think the guy is silly but at least he is acting on something he believes.


10 posted on 01/01/2013 10:05:19 AM PST by svcw (Why is one cell on another planet considered life, and in the womb it is not.)
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To: count-your-change
From the comments on the NPR page, it looks like this property has an easement running through it, which evidently the previous owner granted to the company building the pipeline. The current tree-sitting idiot owner bought the land subject to the easement.

This smells like a deliberate maneuver by some eco-nazi organization. The "owner" even looks like one of the timber industry protesters from the Pacific Northwest, who are known to use similar methods.

11 posted on 01/01/2013 10:11:53 AM PST by Charles Martel (Endeavor to persevere...)
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To: Marie
TransCanada's lawsuit suggests the company might seek up to $500,000 in damages. That knocked the fight out of Daniel. He and TransCanada struck an agreement, which neither Daniel nor the company will discuss.

I imagine TransCanada parted with a few bucks to smooth things over.

12 posted on 01/01/2013 10:12:45 AM PST by Right Wing Assault (Dick Obama is more inexperienced now than he was before he was elected.)
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To: Colonel Kangaroo

“to get him to allow us rightfully and lawfully onto the easement.”

Sounds like he sold them an easement and changed his mind or something.

It looks like a 3’ line, typically takes about a 50’ swath. A few years & no one will be able to tell where it is.


13 posted on 01/01/2013 10:15:50 AM PST by Western Phil
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To: derllak; Lakeshark; Borax Queen; null and void

Derlly, one of your neighbors moved to Texas.

Hope you’re doing okay Derlly.

Ping, treehouse nuttery by a “Texan”.
Image of the varmint in thread.
I can smell the patchouli and granola on him.
Also, Portland stench.


14 posted on 01/01/2013 10:17:20 AM PST by Darksheare (Try my coffee, first one's free.....)
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To: count-your-change
Why....I thought all the keyboard conservatives would be supportive of a citizen's right to decide how and who uses his property.

One would if it were his property.

From what I can tell from the rather pitifully written article the pipeline is being constructed on a PUBLIC EASEMENT which passes through his property.....

so the constuction isn't taking place on his property after all.

15 posted on 01/01/2013 10:20:32 AM PST by MamaTexan (To follow Original Constitutional Intent, one MUST acknowledge the Right of secession)
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To: Common Sense 101

“this POS is a California or Northeast “transplant”; friggin’ moron.”

It’s his land dude. He can do whatever he wants to keep others out.


16 posted on 01/01/2013 10:20:37 AM PST by HereInTheHeartland (Witty saying goes here...)
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To: Admin Moderator

The article title I posted is incorrect. I typo’d “keystone” into “keystine”


17 posted on 01/01/2013 10:20:37 AM PST by Colonel Kangaroo
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To: Colonel Kangaroo
'American energy independence and fighting to increase the chances of war, bloodshed and national peril'

They are gonna export the oil anyway.

There is no agenda for oil for only the US.

I don't no why people are keep repeating this oil is only for US.

18 posted on 01/01/2013 10:21:42 AM PST by Theoria
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To: Theoria

The more oil on the market, the less pressure on all consumers, the price will go down for all. The more non-Mideast oil on the market, the world becomes less of a hostage to the inevitable regional disturbances. I long for the day when the USA is no longer a de facto Mideast country.


19 posted on 01/01/2013 10:29:08 AM PST by Colonel Kangaroo
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To: Darksheare; derllak; Lakeshark; null and void

o.m.g.


20 posted on 01/01/2013 10:29:20 AM PST by Borax Queen
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To: Darksheare; derllak; Lakeshark; null and void

I’m too afraid of heights like that, but those swings look like fun. I could knock over a shark....


21 posted on 01/01/2013 10:33:52 AM PST by Borax Queen
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To: Colonel Kangaroo

This is nothing a CAT D9 can’t fix.


22 posted on 01/01/2013 10:34:20 AM PST by Rebelbase
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To: Colonel Kangaroo
Obviously, our Gov't from the R's and D's have decided its easier and better to use our troops to die and protect Middle Eastern oil than to domestically drill. Money talks.

Secondly, since its a world market, the Saudis or whoever can drill less and make more. Nice little cartel they have.

23 posted on 01/01/2013 10:35:33 AM PST by Theoria
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To: Borax Queen; derllak; Lakeshark; null and void

You like the picture of it?
Smug smirk, tree danglng.
And he doesn’t have to worry about grizzlies playing “Bat the dangly” there.
Hopefully he has other nasty things to worry about.
Foraging fire ants maybe.
Or mayhap he’ll find a nest of killer bees.


24 posted on 01/01/2013 10:39:45 AM PST by Darksheare (Try my coffee, first one's free.....)
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To: Borax Queen; derllak; Lakeshark; null and void

Yeah, it does look like fun.
Maybe a nice hunting platform.
Or maybe “Paintball Doom From Above” on some unuspecting tree hugger.


25 posted on 01/01/2013 10:41:20 AM PST by Darksheare (Try my coffee, first one's free.....)
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To: Common Sense 101
The more idiots exporting themselves out of here into your backyard, the better for CA.

Lets hope the trend continues.

26 posted on 01/01/2013 10:49:31 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: count-your-change

I would’ve expected keyboard conservatives to read the darn article, first.


27 posted on 01/01/2013 10:55:05 AM PST by 1rudeboy
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To: Theoria

Yes, for true energy independence, we need a major attitude change in the bipartisan elite consensus.


28 posted on 01/01/2013 10:57:51 AM PST by Colonel Kangaroo
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To: count-your-change
If he bought the property with recorded easements he has no ground to stand on. (no pun intended)

If the land is his and is unencumbered, he had the right to take up arms and defend his castle.

29 posted on 01/01/2013 11:07:15 AM PST by Baynative (Those that work for a living are now outnumbered by those that vote for a living.)
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To: Oatka
From the article: “TransCanada’s lawsuit suggests the company might seek up to $500,000 in damages.

That knocked the fight out of Daniel. He and TransCanada struck an agreement, which neither Daniel nor the company will discuss.”

As a fella said, “Follow the money.”

I suspect his “noble” resistance hinged on how much money he could extract from TransCanada.


NOTE: (Milton Miteybad has negotiated any number of pipeline and fiber optic easements in the past.)

The article mentions that TransCanada wanted to enlist the assistance of the county sheriff to lawfully gain access to "the easement." Apparently there was an easement in place; otherwise there would be no basis for any enforcement action on the part of the sheriff. It is my guess that the previous owner of Daniel's tract granted an easement to TransCanada, then sold the tract to Daniel. Nothing illegal about that, as long as the purchaser (Daniel) was made aware of the existence of the easement at the time of sale.

Either Daniel failed to comprehend that his 20 acres was subject to an easement, or he decided that it made no difference to him, and he wanted to buy the land anyway. No matter; he apparently acquired it subject to the TransCanada easement.

This is why TransCanada went to the sheriff seeking relief. "We have a right to be there, Sheriff," TransCanada was saying. "The previous owner sold us a valid and subsisting pipeline easement, and we need to get onto this property for the purpose of enjoying the rights the previous owner sold to us."

So, you're entirely correct in your assessment that Mr. Daniel was moved by a bit of monetary motivation, which is a fairly common tactic in situations like this. The pipeline operator usually gives the recalcitrant surface owner a choice: "Either we sue you for $500,000 for unlawfully interfering with our exercise of our legal rights, or we can pay you $50,000 to stand aside and let us do our business. If you choose the first option, you will lose, and you'll get to pay everybody's legal costs, too. If you choose the second, we all win. Which will it be, Mr. Daniel?"

Only the real hardheads are going to choose Option No. 1. But there's always one or two who do. ;-)
30 posted on 01/01/2013 11:27:07 AM PST by Milton Miteybad (I am Jim Thompson. {Really.})
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To: Darksheare; Lakeshark

Hah! Total Paintball Doom.....

I barely passed my Ropes Course way back when -—————— the last part about killed me (having to get on a tiny platform, 30 feet in the air, then jump onto a swing and swing down), but by golly, I’ll go play on the ecoterrorists’ ones. I can spray paint Shark’s giant hummer too, from up there. And shoot out all his incandescent light bulbs.


31 posted on 01/01/2013 11:36:43 AM PST by Borax Queen
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To: Darksheare; Lakeshark

Hah! Total Paintball Doom.....

I barely passed my Ropes Course way back when -—————— the last part about killed me (having to get on a tiny platform, 30 feet in the air, then jump onto a swing and swing down), but by golly, I’ll go play on the ecoterrorists’ ones. I can spray paint Shark’s giant hummer too, from up there. And shoot out all his incandescent light bulbs.


32 posted on 01/01/2013 11:36:59 AM PST by Borax Queen
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To: count-your-change

Never heard of a single pipeline being stopped in Texas, Courts won’t do it.

Pipelines are a fact of life in East Texas.


33 posted on 01/01/2013 11:49:40 AM PST by X-spurt (Republic of Texas, Come and Take It!)
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To: Colonel Kangaroo
Some wore masks to hide their identities.

Criminals and terrorists the world over use masks to hide their identity until they shead the last shreds of their conscience.

34 posted on 01/01/2013 11:57:11 AM PST by fella ("As it was before Noah, so shall it be again,")
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To: Milton Miteybad
In Texas, all land is subject to a easement for the public good.

Mr. Daniel signed the easement. He tried to renig, it failed, and came to agreement with TransCanda.

Prior to his easement with TransCanada. They went onto his property without his permission. Then threatened him with eminent domain. Nice.

The only 'complaints' I have is they shouldn't have trespassed initially, secondly, world markets are not valid use of a public easement or eminent domain.

35 posted on 01/01/2013 11:58:28 AM PST by Theoria
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To: Colonel Kangaroo

David, get out of the way, NIMBY! Moooooove. Railroads and pipelines must go through. Mining and drilling must happen. Property rights means getting paid enough for easements and doing whatever you want to do on your own property—not stopping real progress.

David, build something, and don’t stand in anyone else’s way. That’s real conservatism. Build a wind turbine for the other neighbors to whine about. Build something that no one can identify. Put door-less refrigerator in the front yard as an ornament. Just build something, and shut up.


36 posted on 01/01/2013 12:29:34 PM PST by familyop (We Baby Boomers are croaking in an avalanche of rotten politics smelled around the planet.)
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To: count-your-change
Why....I thought all the keyboard conservatives would be supportive of a citizen's right to decide how and who uses his property.

"Keyboard conservatives." Good one.

But that was my first thought, too. I can support a pipeline without necessarily having to give up my property to do so. Now, maybe the guy's an environmentalist whacko; but they have property rights, too.

37 posted on 01/01/2013 2:38:22 PM PST by BfloGuy (Money, like chocolate on a hot oven, was melting in the pockets of the people..)
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To: Theoria
The Keystone pipeline is an interstate common carrier, and would have that status whether it also crossed an international boundary or not. As a common carrier, it would have powers of eminent domain for siting and construction, and Mr. Daniel needed to be made aware of that. You're not threatening anybody if you tell them that the pipeline company is going to get their easement one way or another, via eminent domain or otherwise. You're setting out a set of facts that the surface owner needs to have.

As it happened, TransCanada got their easement, and Daniel got some more of TransCanada's money. Everybody went home happy, and nobody got sued or shot. Couldn't have worked out better. ;-)
38 posted on 01/01/2013 2:46:48 PM PST by Milton Miteybad (I am Jim Thompson. {Really.})
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To: Colonel Kangaroo
One guy in a tree-house, its’ not like he is an endangered spotted owl. Clear the construction path and keep on building.
39 posted on 01/01/2013 3:01:21 PM PST by Chief901 (Tyranny coming to an area near you soon !)
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To: Colonel Kangaroo

“Daniel didn’t have any money to fight in the courts. But he did have skills very few people have. He used to work for the circus and often rigged the high-wire that he’d ride a motorcycle across and the 50-foot-high platform he’d jump from after lighting himself on fire.”


40 posted on 01/01/2013 3:09:11 PM PST by kcvl
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To: Theoria; Colonel Kangaroo; Milton Miteybad
A little info for the thread ......

Keystone XL Tree Protesters Call It Quits After Pipeline Rerouted Around Them

snip

TransCanada, the pipeline's builder, acquired an easement in October to build the pipeline slightly west of the tree blockade and the original route. Construction is now nearly finished on the property, and the protesters will soon call it quits.......

"As we speak, the pipeline is being trenched around the western end of the blockaded area," he added with disappointment. The "blockade will essentially become symbolic and come to an end."

Dodson of TransCanada confirmed that construction is "substantially complete" on the property, which is owned by David Daniel, a longtime opponent of the Keystone XL. Daniel reached an easement agreement with TransCanada in 2010, but later told the company it could no longer come on his property. TransCanada responded with a lawsuit; the two parties have since settled litigation.

In October, TransCanada obtained a supplemental easement from Daniel to dig up a 75-foot-wide corridor adjacent to the tree village.

end snip

41 posted on 01/01/2013 3:15:23 PM PST by deport
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To: Marie
Was the man compensated for HIS land? Or did the gov’t just take it?

From the way this reads, this is still his property, he just now has no rights.

If you would have read the entire article, you would have come across this little factoid:

He and TransCanada struck an agreement, which neither Daniel nor the company will discuss.

42 posted on 01/01/2013 3:34:22 PM PST by Hot Tabasco (Jab her with a harpoon.....)
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To: Theoria
Prior to his easement with TransCanada. They went onto his property without his permission. Then threatened him with eminent domain. Nice.

Where in the article does it state that??

This pipelin is going in right next to another easement in Northwest Nocogdoches County. I talked with one of the workers a couple of months ago. Easements turn into long grasslands and make for very easy access to land choked with underbrush. Also a great area to set up a deer stand...

43 posted on 01/01/2013 3:52:18 PM PST by Antoninus II
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To: Antoninus II
That info was another article.

'He learned a pipeline was headed his way four years ago, when a neighbor called him at work to alert him that surveyors had been on his land.'

He rushed home and hurried down the shady path from his house to where spring-fed streams meander through what looks like a fairy-tale forest. He found surveyors' stakes, with some cryptic writing on them, right in the middle of his 20-acre property.'

That was all prior to him agreeing to the easement.

44 posted on 01/01/2013 4:01:17 PM PST by Theoria
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To: Theoria
surveyors had been on his land

That's why you put up "POSTED No Trespassing" signs. Wouldn't be surprised to find out he'd been notified by snail mail and tossed it in the trash. I get constant junk mail for our timber. And we lease the property out for drilling rights.

45 posted on 01/01/2013 4:12:06 PM PST by Antoninus II
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To: Theoria
‘He learned a pipeline was headed his way four years ago, when a neighbor called him at work to alert him that surveyors had been on his land.’

**************

And subsequent to that survey work Daniel signed an easement agreement in 2010 for the pipeline. Which subsequently has been redone to move move the easement to another location on his property adjacent to the original easement he signed in 2010.

46 posted on 01/01/2013 4:21:38 PM PST by deport
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To: deport
2008. Went onto property without permission. Trespassed.
2010. Signed easement.
2012. He still whines.

47 posted on 01/01/2013 4:25:07 PM PST by Theoria
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To: Theoria
... spring-fed streams meander through what looks like a fairy-tale forest.

{puke}

48 posted on 01/01/2013 5:31:01 PM PST by Cyber Liberty (Obama considers the Third World morally superior to the United States.)
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To: Hot Tabasco

I sis read the article. And, if you’d read the article, he and TransCanada struck the agreement AFTER he sabotaged his own land with tree houses.

What I was asking was this: Did the US gov’t pay this man for his own land BEFORE they took it for the ‘public good’.

From the article, it sure looks like he finally got compensated AFTER he struck a fit.


49 posted on 01/01/2013 5:38:04 PM PST by Marie ("The last time Democrats gloated this hard after a health care victory, they lost 60 House seats.")
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To: Cyber Liberty
... spring-fed streams meander through what looks like a fairy-tale forest

Yeah. We have 2 spring fed creeks across our place. Just looks like East Texas piney woods to me. Not some stupid "fairy-tale forest". It's a bug infested hell in the middle of summer. Ticks, chiggers, hornets, scorpions, you name it. Not to mention snakes, feral hogs, coyotes and bobcats.

50 posted on 01/01/2013 5:58:16 PM PST by Antoninus II
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