Using rail roads as access

[Brad]

I am E-scouting a new chunk of public marsh that I have been too intimidated to step foot on before. It is a little bit of a drive, but looks promising. I noticed it has a railroad line running through most of it, and I was wondering what the rules are concerning railroad right of ways. Is it trespassing to utilize this to enter and exit or is it a free for all since it runs through the public. I think this might be a good tool to use if I can, but I don't want any trouble either.

[matt1336]

I think it's tresspassing. That's never stopped me before. I use railroad tracks to access a lot of my spots. I've talked with deputies and others at the local sheriff's dept and they told me not to worry about getting any fines and/or tickets from them. A warden or a trooper might be a different story. The tracks are my only access to hunt some of these marsh spots.

[UntouchableNess]

A guy I know got hurt playing on a train, slipped and it ran over his foot. The RR lawyers paid him a visit in the hospital, saying that if he wasn't going to try to sue, they would not press trespassing charges. I think he signed off.

If that is any indication, you should be ok unless you get hit by a train.

[DEERSLAYER]

It's trespassing. I would never condone trespassing, but I know many do. I guess the biggest thing you should be concerned with is whether the DNR would prosecute you for poaching if they caught you coming out with a deer on the tracks. I don't know how our state handles that situation, but I know they don't prosecute for poaching when baiting in a no baiting area even though by law it is poaching since illegal means were used to get the deer. The CO's have tried to get the state to prosecute, but the judges won't go for it. My guess is that they would never bother you over it and would probably congratulate you.

[Stanley]

When I was a kid I used to walk the tracks hunting all the time. Things have changed I believe it is now illegal.

[DEERSLAYER]

When I was a kid I used to walk the tracks hunting all the time. Things have changed I believe it is now illegal.

I think it's because of our sue happy society. Seems it's OK to sue somebody else for your own stupidity these days.

[Dewey]

When I was a kid I used to walk the tracks hunting all the time. Things have changed I believe it is now illegal.

Same here. We would walk down the tracks and jump off when we heard the train coming. Most times the train engineers would wave to us as they went by. Boy have times changed. Now they prosecute anybody they find trespassing. I wouldn't even think about risking it now.

[ Post made via iPhone ]

[phade]

It's illegal but it's so trivial when using "common sense." Unfortunately it's just not the way things are now.

I have tracks running through two parcels owned by the same person. I admit to walking down it during hunting season to access...I've never had a problem but understand one day it could be. I'm usually a stickler for laws, too.

Another spot I have to cross railroad tracks...not walk down them...but literally across. The rest of the land is locked - the owner doesn't even know of the legal access point as it is not shown on property records. He just walks across it like he has for 50 years.

[jlh42581]

They mainly locked the tracks down and dams after 9/11 for security

[BassBoysLLP]

They mainly locked the tracks down and dams after 9/11 for security

Agreed. The department of homeland security doesn't like anyone carrying a weapon on the tracks.

[Czabs]

I've contacted the DNR about this before. All they said was contact the RR company and ask permission.