In Wisconsin we have the railroad police giving warnings and tickets for crossing the railroad tracks to gain access to public water on the Mississippi River. Is there this issue in Minnesota to access the river? It seems to not be an issue. I fish both sides and see MN DNR signs at access points where fisherman must cross the tracks. So they know it is going on and are communicating there.
Interested to hear everyone’s thoughts.
Does the MN DNR have an easement with the RR ?
I aint a loy-yah, but I play one on the radio………
It seems to me that the RR dic in question is over reaching. In most states, one is allowed to cross a RR right-of-way at a 90 degree angle and immediately leave the property. That said, too many folks use the right of way as a walking path to gain access. Were I cited, I’d be in court defending myself and even filing a malicious prosecution complaint against the county attorney and the RR dic. Those civil rights attorneys love this type of stuff…..assuming that you were crossing, and not walking along, the right of way.
From the WI Dot website. This has been brought up before specifically by Goose Lake.
“Cross train tracks only at designated pedestrian or roadway crossings, and obey all warning signs and signals posted there. If you cross at any other place, you are trespassing and can be ticketed or fined.
All train tracks are private property. Never walk on tracks; it is illegal to trespass and highly dangerous. By the time a locomotive engineer sees a trespasser or vehicle on the tracks it’s too late. It can take a mile or more to stop a train.”
In many cases, a person could be charged with trespassing after leaving the tracks and walking onto private property to get to the lake or river.
I’m not saying I like it but I don’t think there’s much of a defense just crossing the tracks. I haven’t watched Boston Legal for a few months, so keep that in mind.
More History from our beloved Dave Koonce.
Well, I just did a little research Some clown in 2006 made it illegal to cross a RR ROW.
https://www.jsonline.com/story/sports/outdoors/2020/02/08/bipartisan-effort-forms-change-railroad-crossing-law/4692862002/
We need to start a concerted lobbying effort to overturn the old law. Contact your state assembly-person & senator.
So is goose lake accessible by foot or not ? Pms welcome
I did some research. The railroad attempted to get this law passed in other states as well, preventing the crossing of railroads. MN and SD would not have it, thats why we can cross to get to public water in MN.
This change happened back when Governor Walker was in office. The Railroads convinced someone that this was a safety issue when in fact there is essentially no history of anyone ever getting hurt crossing a track other than at a road crossing.
Conservation groups and the Conservation Congress have been trying to get it changed ever since with no success. The Legislature and the Governor(s) don’t seem to care that tens of thousands of acres of public land has been cut off from use. There are even private landowners who own land on both sides of a RR ROW that can’t legally cross it.
Ridiculous.
This change happened back when Governor Walker was in office. The Railroads convinced someone that this was a safety issue when in fact there is essentially no history of anyone ever getting hurt crossing a track other than at a road crossing.
Conservation groups and the Conservation Congress have been trying to get
it changed ever since with no success. The Legislature and the Governor(s) don’t seem to care that tens of thousands of acres of public land has been cut off from use. There are even private landowners who own land on both sides of a RR ROW that can’t legally cross it.
Ridiculous.
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There actually has been several pedestrian fatalities on BNSF tracks but to my knowledge alcohol and other substances were factors. I can not recall any directly involving sportsmen crossing the tracks for fishing or hunting. And most have been in municipalities or close by.
I’ve never heard of a train fatality where the person had a fishing rod or a gun in possession.
It’s a shame WI politicians have let this law stay on the books.
I did some research. The railroad attempted to get this law passed in other states as well, preventing the crossing of railroads. MN and SD would not have it, thats why we can cross to get to public water in MN.
I’m interested in that, because it is not my understanding. From what I’ve heard and read RR are private in MN and crossing is not allowed and considered trespassing. But it sounds like you might know something I don’t? I sure hope you’re right. The reason I am skeptical is that public hunting land, owned by the state of MN does not allow you to cross railroad tracks. See the following from the MN DNR website about a certain WMA with lots of pheasants that is not to be named.
Special Restrictions: Access to the WMA across the Railroad Property on the south side of the unit is strictly prohibited.
So is goose lake accessible by foot or not ? Pms welcome
probably a no. i thought about fishing it many times in the spring but the low water scared me last few years. would be awesome on hardwater as well as that finger to the east in the backchannel. the harder it is to access, the bigger the reward. i will check it out this spring i guess?
Special Restrictions: Access to the WMA across the Railroad Property on the south side of the unit is strictly prohibited.
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Somewhat ironic when Southern MN also has a 12 mile strip of WMA that runs along and against rail road tracks. Virtually impossible to hunt it without walking the tracks or trespassing private land at certain points.
Somewhat ironic when Southern MN also has a 12 mile strip of WMA that runs along and against rail road tracks. Virtually impossible to hunt it without walking the tracks or trespassing private land at certain points.
Minnesota is NOT under the restrictions. Wisconsin is.
Minnesota is NOT under the restrictions. Wisconsin is.
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It is illegal just not being enforced, as it is private property can be fined or imprisoned.
Railroad tracks are private property. Property close to the tracks also belongs to the railroad. People who don’t have permission to be on railroad property are trespassing. Railroad property may be posted with different types of “No Trespassing” signs. They all mean “stay off” and “stay away.” Even if there isn’t a sign, it’s still illegal and dangerous to be on the property.
https://www.minnesotasafetycouncil.org/facts/factsheet.cfm?qs=272B763AB43742EEF908D7D68B570E85
From the WI Dot website. This has been brought up before specifically by Goose Lake.
“Cross train tracks only at designated pedestrian or roadway crossings, and obey all warning signs and signals posted there. If you cross at any other place, you are trespassing and can be ticketed or fined.
All train tracks are private property. Never walk on tracks; it is illegal to trespass and
highly dangerous. By the time a locomotive engineer sees a trespasser or vehicle on the tracks it’s too late. It can take a mile or more to stop a train.”In many cases, a person could be charged with trespassing after leaving the tracks and walking onto private property to get to the lake or river.
I’m not saying I like it but I don’t think there’s much of a defense just crossing the tracks. I haven’t watched Boston Legal for a few months, so keep that in mind.
This pretty much sums it up.In many cases,the RR will grant an easement if the proper type of crossing is installed.Those costs are up to the adjacent land owners.Back in 1999,the Village of Trempealeau had one put in for foot traffic,and cost about 29,000.It has cross-bucks and no lights.Now the folks there whine about the train horns,can’t please them all.
So is goose lake accessible by foot or not ? Pms welcome
Not legal and I haven’t heard anything within the last 5 or so years, but prior to that…they were giving out tickets.
According to MN Law 219.31 Railroads are just as liable to prevent trespassing as people are to avoid it. Railroads are required to be entirely fenced except at crossings. I bet they look the other way when you say your out getting an estimate for their fence costs.
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