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Post by trappnman on Jul 22, 2015 6:48:22 GMT -6
interesting to read the debate elsewhere concerning this-
let me sum it up- its pretty much always been a law that one can't cross RR tracks except at a designated crossing. these laws are state laws, and while the feds have drawn up guidelines for the states, some state have adopted them, others have not and there is no federal law.
In the past, this law was largely ignored (to be honest I never knew such a law existed til I read the debate) and all my life, I've crossed RR tracks countless times- in hunting, fishing, trapping.
but it sounds like enforcement in some areas is being increased, and more of such to come
so what it means for folks living in areas like mine and along almost the entire MN/WI border, or the WI/IA border, etc is that 1000s and 1000s of acres of public land- both federal and state, are essentially locked up with no access including boar access. When the tracks follow the river, not too many crossings unless a town, or a bridge- if this law is enforced- literally 1000s and 1000s of acres of land used by sportsmen since before trains- will now never be walked on again.
Mike gave many examples in his posts, and its the same here- I can show you places where PATHS are worn into the ground from years and decades and even a century plus where folks had access walking across tracks- to me, this should now become public domain (the paths)
seems a no brainer to want this changed
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Post by blackhammer on Jul 22, 2015 8:30:42 GMT -6
Agree Steve.Seems big brother is everywhere these days. Cameras, drones, over regulating for our supposed good.
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Post by mustelameister on Jul 22, 2015 12:54:53 GMT -6
Took a real whuppin' over there I did by golly. What the hey? Never thought there would be so many trappers siding with the railroad while all these fellas, and gals, who have been crossing the tracks all their lives to partake of the refuge, are more or less done accessing these areas.
Emailed Pat Durkin with a link, and he replied back he's been following the thread.
Wonder what he's thinking.
Like I posted, if I was 20 years older, I'd be first in line in front of the RR cop, and would gladly spend some time in jail to see this thing straightened out.
This is so wrong.
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Post by blackhammer on Jul 22, 2015 20:05:04 GMT -6
Took a real whuppin' over there I did by golly. What the hey? Never thought there would be so many trappers siding with the railroad while all these fellas, and gals, who have been crossing the tracks all their lives to partake of the refuge, are more or less done accessing these areas. Emailed Pat Durkin with a link, and he replied back he's been following the thread. Wonder what he's thinking. Like I posted, if I was 20 years older, I'd be first in line in front of the RR cop, and would gladly spend some time in jail to see this thing straightened out. This is so wrong. I wouldn't let some of those a-holes over there bother you. I can't understand siding with the rr. People are just plain contrary to any common sense these days. |
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Post by lumberjack on Jul 22, 2015 20:10:14 GMT -6
My god when we were kids our favorite sport was hopping trains. I had a low bridge near home that we jumped of of into the coal cars. We ramped it up a bit and jumped while the train was moving. Whats a kid to do for fun?
I have a train on one farm that shuttles coal a short distance that is always parked at the crossing, its a real pain climbing over the tongue with hip boots and pack full of traps especially when it is covered in ice. Im sure its all illegal but Im crossing one way or another.
We really dont have much train traffic around here anymore.
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Post by braveheart on Jul 23, 2015 3:48:11 GMT -6
We use to hunt RR tracks and my parents use to pick us up several miles out of town.Shot a lot of rabbits and pheasants.We also rode the train from town to town for something to do.
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dw60
Tenderfoot...
Posts: 3 
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Post by dw60 on Jul 23, 2015 8:40:26 GMT -6
I was involved in the discussion over there also, most of the comments pertained to private property rights for the railroad. You would think the support would be for access and trappers but that was not the case.I posed a question and the thread ended so I'll ask it here. If the RR is JUST private property how can an employee of the RR write a trespassing ticket that holds up in court?
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Post by trappnman on Jul 23, 2015 12:31:01 GMT -6
heres what Wiki says:
Some railroad police officers are certified law enforcement officers and may carry full police and arrest powers. The appointment, commissioning and regulation of railroad police under Section 1704 of the U.S. Crime Control Act of 1990, provides that: "A railroad police officer who is certified or commissioned as a police officer under the laws of any one state shall, in accordance with the regulations issued by the U.S. Secretary of Transportation, be authorized to enforce the laws of any other state in which the rail carrier owns property."
It is important to note that Section 1704 also states that this police authority is to "the extent of the authority of a police officer certified or commissioned under the laws of that jurisdiction". While a railroad police officer may have general peace officer authority in some states such as California, they are limited to the railroad's property in other states.
The status of railroad police officers varies by state, in that they are commissioned by the Governor of the state in which they reside and/or work in and they may carry both state level arrest powers and some interstate arrest powers as allowed by 49 USC 28101. Although railroad police primarily enforce laws on or near the railroad right-of-way, their police officers can enforce other laws and make arrests off of railroad property depending on the state in which they are working.
Depending upon the state or jurisdiction, railroad police officers may be considered certified police officers, deputized peace officers, or company special agents. In Virginia, for example, any railroad may file an application with the Circuit Court of any county where it operates to allow the President of the railroad to appoint members of its own police force.
Some of the crimes railroad police investigate include trespassing on the right-of-way of a railroad, assaults against passengers, terrorism threats targeting the railroad, arson, tagging of graffiti on railroad rolling stock or buildings, signal vandalism, pickpocketing, ticket fraud, robbery and theft of personal belongings, baggage or freight. Other incidents railroad police investigate include derailments, train/vehicle collisions, vehicle accidents on the right of way, and hazardous materials releases.
Living next to the tracks all my life, and living next to the Mississippi all my life, something like this severely impacts the very reason I LIVE IN THIS AREA!
heck- I could have been arrested doz of times a day during my 3 year on and off otter trapping under the Mn DNR- we crossed the tracks all the time BECAUSE THERE WAS NO OTHER WAY
I understand the liability issue- but zero tolerance is ridiculus-
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Post by mustelameister on Jul 23, 2015 21:11:51 GMT -6
I will continue to cross RR tracks where necessary to access public lands and waters. Period.
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Post by trappnman on Jul 24, 2015 7:32:49 GMT -6
this would be one of those things where I'd gladly seek a trial in front of a jury
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Post by northof50 on Jul 25, 2015 20:15:59 GMT -6
More enforcement in Canada now. In Ontario there was access to remote lakes by quad. Not anymore.
Could be the increase oil transportation they are worried about and derailments.
With no rear brakemen to report trespassers
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Post by bobber on Jul 29, 2015 11:16:57 GMT -6
I own a piece of property that has been in our family for fifty years that a has a RR easement bisecting it. I was using our old cattle crossing to access the acerage on the other side of the tracks where I was trapping beaver (we own the land on both sides of the RR tracks there). I was on foot ,no wheeler or any motorized vehicles go back there ever. I was stopped by two young switchmen who treatened to have me arrested for crossing the tracks. Apparently since 911 , RR tracks , cell towers, powerline easements, and the areas around them are getting special attention from law enforcement. They say it's for liability reasons ,but that's crap as you can walk faster than the train goes on that section , it's in such bad condition.
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Post by Wright Brothers on Aug 6, 2015 9:11:48 GMT -6
My Grandparents told me, when the RR came through that they were told if/when the RR was done with that line the property would revert right back to them.
Today that property is rails to trails and is open to everyone. Many in that corridor fought it and lost.
Later in life I became acquaintance with a retired rail man.
He told me that many of the "accidents" are straight up suicide and the liability insurance is huge.
He also spoke of todays 4 wheeler and dirt bikers causing erosion of the beds, making a dangerous situation. The RR cops couldn't catch the bikers so take it to the walkers.
I feel like my family was ripped off.
What I have learned from the above and other incidents is,
The rr is a very strong organization.
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