Crossing the tracks = trespassing

Enforcement “campaign”:
http://www.twincities.com/localnews/ci_28049002/wisconsin-trespassing-crackdown-could-limit-mississippi-river-access#top

All this talk about safety from the railroad and it took 3 months with three phone calls to the railroad that included turning over a video to the media to get the crossing gate at County Road K in Pierce County fixed.

Root of the problem … their lawyers
Poetic justice solution . . .

Attachments:

1. 

   lawyer-tracks.jpg
   

Here is where I’m going to complain.
Congressman Ron Kind
State Senator Jennifer Shilling
Representative Lee Nerison
State Senator Howard Marklein
Representative Ed Brooks
Representative Steve Doyle
Representative Travis Tranel
DNR Secretary Cathy Stepp
Governor Scott Walker

The biggest problem I see with this as I’ve got plenty of places just off of railroad tracks that are great fishing spots because tons of people don’t go to them there still those places in the wilderness that you don’t have to drive 10 hours to get to to be away from the crowd

Crossing railroad property is a lot like hiking in bear country

It’s easier to get out of the path of the train… than it is the bear…

but it’s a lot harder to find a tree to climb

Guess I’d get a ticket then.

I work in the rail industry (design side) and the problem you’re dealing with is Railroad Right of Way is not public property. Any way you try to slice it trespassing is trespassing. Even for work I’m required to be safety certified and need a point of contact to even be allowed on the property.

Your only bet for legal access would be the construction of additional public or pedestrian grade xings. The chances of these additions being funded by the railroad are slim and none. Without them you’ll be subject to prosecution.

Open up the public pocket book and we all know how much people like paying taxes.

Tegg,

You must have missed the part of the article that stated the law was changed in 2006 to make even a direct crossing illegal. Until that time, simply crossing the tracks was not trespassing. Trespassing is only trespassing when the law prohibits entry. It wouldn’t be trespassing if there were common sense legislation to allow crossing in a direct manner.

WinnebagoViking wrote:

I work in the rail industry (design side) and the problem you’re dealing with is Railroad Right of Way is not public property.

Who actually owns the property that the railroad rests upon? Does the railroad actually own the property or does it merely have a right-of-way across someone else’s property? I suppose perhaps it a mix of the two. If the railroad merely has a right-of-way across someone else’s property, even if they’ve had the right-of-way for a hundred years, it’s still private property. Just like a gas line or power lines have right-of-way across private property. I don’t see how the railroad can prevent someone from crossing private property they don’t own but merely have a right-of-way across. If the railroads do actually own the property, then I can see how they have the power to prevent people from entering that property.

Boone

Dealing with a railroad is a bit different than things like electric and gas lines
BECAUSE
Back when the railroads were being built, they were given all kinds of special poop as an incentive to “get them built”

This is what was listed for WISCONSIN (per the FRA) with respect to trespassing in regards to railroads:

(1) No person, other than a licensee or authorized newspaper reporters or those connected with or employed upon the railroad, shall walk, loiter or be upon or along the track of any railroad; and,
(2) Each railroad corporation shall post notices containing substantially the provisions and penalties of this section, in one or more conspicuous places in or about each railroad station. Wis. Stat. § 192.32 (2009).

Care to post the part about what’s considered a authorized newspaper reporter ?

desperado wrote:

Care to post the part about what’s considered a authorized newspaper reporter ?

Probably not Participant but perhaps Keymaster?

desperado, you writing another opinion piece on the railroad ???

FWIW, like mentioned above, common sense should eventually prevail. Reading a little about the issue the railroad has, is conductors chugging along and coming upon a teenager walking away from them, down the middle of the tracks with headphones on…. I can see where that wouldn’t be good, if they didn’t hear the whistle in time…

Should be cross at own risk just like driving on the ice.. If no commin sence or be dumb enough to get hit by a train then it your own fault

big_g wrote:

desperado, you writing another opinion piece on the railroad ???

That’s muh story Mr Choo Choo Cop, an’ ahm stickin’ to it. Hasn’tcha seen muh published on interwebs ? … “desperado-afishynado” at da blogspot der doancha know

who cares…. cross at your own risk. Laws will never teach common sense but the politicians will try their hardest to pretend it will. ($$$)

Look both ways, then cross tracks.

Problem solved.

look both ways (for trains) also make a good 360 degree scan (for choo choo cops)
THEN make yur dash

Darn it I have railroad tracks in my backyard…

What if you jump over the tracks, and not walk over them, does that still count as trespassing?

We walk about 100 yards down the tracks to access a sweet duck hunting spot. Always knew it was a gamble. Now one of those duck hunting buddies is a conductor for BN. I wonder if that means we are legal now.

purehd wrote:

Should be cross at own risk just like driving on the ice.. If no commin sence or be dumb enough to get hit by a train then it your own fault

Except the lake won’t have liability if you fall in.

As promised I have written the above mentioned Senators, Representatives, Congressman, and the DNR Secretary. If you can’t take the time to write, please call them or e-mail your concerns. The one response I got so far seemed to imply the Senator would talk to his colleagues to see if enough people cared. If you don’t care that the r/r can fence off the Mississippi and WI Rivers well then I guess it’s no big deal.

Duke