Trespassing on Railroad right-of-way

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Trespassing on Railroad right-of-way

  • We moved into a house in June of this year with a train track right next to us. I like the train, the kids love to watch it every night when it goes by. The trouble started when hunting season started here. The railroad right-of-way next to the intersection is used as a private hunter parking lot. The guys just suit up and walk right down the tracks!

    I didn't think it was allowed but there's no signs posted so I emailed the railroad (Wisconsin and Southern) and was politely told that it was illegal and they would have somebody look into it. It's been about a month since then and deer season just started. We had 3 cars out there this morning.

    I called the County Sherrif and they don't really want to interfere with the 'good ole boys doin what they done fer years'. I emailed the local representative of "Operation Lifesaver" and they forwarded my email to the railroad, who I already contacted and they won't even post signs.

    Any suggestions on who to call or email? Aren't there state or federal regulations about this?

    Thanks
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  • If the local sheriff won't help, go to whomever is in charge of the local government branch- township or county government. Hopefully you will find some relief there. The last choice would be to pony up the funds for a good lawyer. You are in the right, but it may be hard to find allies. Good Luck!
  • And this hurts you how?
  • QUOTE: Originally posted by Huntr

    And this hurts you how?


    When the cops and ambulances come to pick up the pieces, they'll make a mess out of his yard.
    Smile, it makes people wonder what you're up to. Chief of Sanitation; Clowntown
  • i agree with huntr. The railroad said it was fine as long as i wasnt on the tracks and bother stuff.
    I like NS but CSX has the B&O.
  • QUOTE: Originally posted by waltersrails

    i agree with huntr. The railroad said it was fine as long as i wasnt on the tracks and bother stuff.


    Same here. I have been told to get ON the tracks before. I dont see the problem. They have probably done this for years and from the sound of it nobody cares besides you.



    ICMR

    Happy Railroading.[swg][swg]
    Illinois Central Railroad. Operation Lifesaver. Look, Listen, Live. Proud owner and user of Digitrax DCC. Visit my forum at http://icmr.proboards100.com For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. Let every thing that hath breath praise the Lord. Praise ye the Lord. Dream. Plan. Build.Smile, Wink & GrinSmile, Wink & Grin
  • ditto ditto could not agree more
    I like NS but CSX has the B&O.
  • QUOTE: Originally posted by waltersrails

    i agree with huntr. The railroad said it was fine as long as i wasnt on the tracks and bother stuff.


    I am curious what railroad told you that. Before 9-11 the issue wasn't pushed much. Now, however, tresspassing on the ROW is a serious offense. I have seen NS cops haul off more than a few in the last 5 years.
  • Get a life.
  • Where the hell was Home land Security. Oh sure hunters can tresspass but nooo,the Railfans get's caught and the Railfan goes to jail. What makes the stupid hunter so special just so they can tresspass on Railroad property. Megadave1. You are 100% in the right to complain. Allan.
  • What is right is right and what is wrong is wrong. There is no gray area here.

    It all boils down to morals and who has them.

    If you tell your kids it is ok to do something that is wrong (such as trespass) how to you tell them not to rob a bank? ! If you allow compromise in one area then sooner or later you will allow compromise in another area.

    Adults are suspose to set an example that their children can follow. You can go to jail for trespassing just as you can for bank robbery. After reading some of the replies I can understand why so many of today's youth are so mixed up.

    How can one adult teach their children to stay off the tracks when other adults ignor common sense. Walking on the railroad tracks (or right of way) is not only dangerous, it is illegal. Train crews and other railroad workers are instructed to report any trespassing.

    I guess some of these people teach their children it is ok to drive around the crossing arms when they are down. And while we are at it, ignor that stupid old speed limit, it is too slow anyway.

    And these same people would be the first to call the law if their house was broken into. Sure, you can have your cake, and eat it too. Do whatever you want to do, when you want to do it. Don't worry about the laws, its ok.

    Defination of trespass: a violation of moral or social ethics, the tort of wrongful entry on real property. You guys better hope that Judge Judy doesn't try your case. I can here her now, "Lock them up, throw away the key."
  • tell the jerk hunters its ilegal but if they point their gun at you RUN!!!!!!!!! this is my best advice or call the railway and say that this is a home land ssecurty isue. by the way dont let them get away with it next thing you know they will be hunting on the front of a sd-40 or for that mater geting hunted.
    LETS GO TIGERS! (clap, clap, clap clap clap )
  • As long as they dont hunt on the tracks.....
    How many trains does the WSOR run a day on the line? Im guessing at the most 5-7.

    Mechanical Department  "No no that's fine shove that 20 pound set all around the yard... those shoes aren't hell and a half to change..."

    The Missabe Road: Safety First

     

  • I'm not trying to be rude...... but man i really wondered if it was just bad luck my run ins with the police, while rail fanning, (nothing major) or if people like you were actually out there.... Hmm now I know, well if gettind upset about this makes you happy then go ahead!! Oh but call the military
  • QUOTE: Originally posted by jhhtrainsplanes

    What is right is right and what is wrong is wrong. There is no gray area here.

    It all boils down to morals and who has them.

    If you tell your kids it is ok to do something that is wrong (such as trespass) how to you tell them not to rob a bank? ! If you allow compromise in one area then sooner or later you will allow compromise in another area.

    Adults are suspose to set an example that their children can follow. You can go to jail for trespassing just as you can for bank robbery. After reading some of the replies I can understand why so many of today's youth are so mixed up.

    How can one adult teach their children to stay off the tracks when other adults ignor common sense. Walking on the railroad tracks (or right of way) is not only dangerous, it is illegal. Train crews and other railroad workers are instructed to report any trespassing.

    I guess some of these people teach their children it is ok to drive around the crossing arms when they are down. And while we are at it, ignor that stupid old speed limit, it is too slow anyway.

    And these same people would be the first to call the law if their house was broken into. Sure, you can have your cake, and eat it too. Do whatever you want to do, when you want to do it. Don't worry about the laws, its ok.

    Defination of trespass: a violation of moral or social ethics, the tort of wrongful entry on real property. You guys better hope that Judge Judy doesn't try your case. I can here her now, "Lock them up, throw away the key."




    It also boils down to common sense. Some of have, some don't.

    The railroad tracks and right of way are personal, tangible REAL property. They can not be locked up. It is impossible to totally fence the entire railroad. You do not want people in your home without your permission. Neither does the railroad, but they can not lock it as you can your home. If you railfan from public property that is fine. If you railfan from private property with permission that too is fine. If a train crew or other railroad people report you to the special agents then you have no defense. Every lead engine and most every sort of vehicle a railroad owns has a two way radio. They also have special agents who will be more than happy to introduce you to the judge. Use some common sense, stay off the tracks, that way, no one gets hurt or arrested.