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“No Trespassing” Entrapment
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What does one use a standard in what is and what isn't railroad property, if it isn't clearly marked? How large is the right-of-way on either side of the rails. I know the train yard app. 1/2 mile from my home is fenced in for the most part, by the river on one side and a chain link fence on the other. Furthermore, all the gravel roads that lead to it are marked as which are public access and rail access. Out on the main line, however, there are few signs if any and the only ones that are present are the "NO TRESSPASSING" ones at intersections of paved roads and railroads. I sell organic produce and the like in the warm season (not an advertisement, just a lead in to why I am near the rr to begin with) and the best patch of blackberries is along a rail. There are no signs or fences or barriers natural or otherwise where I enter. I have been picking there for years and they have yet to say anything. The edge of this area is app 3-5 meters from the ties edge and runs about 50 meters parallel to the bed. I have been there on many occasions and spoken to whomever was there, but no one has ever told me to leave so I presume I am not violating any laws. I noticed last year that they had apparently sprayed herbicide (all the small vegetation about 8-10 meters on either side was dad) in the area, but did not spray "my" berries. Is there a standard, as with the highway dept. for rr right-of-way?
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