Public Land Access Question- River Access

[cbond3318]

So in a discussion with a co worker we got to talking about a section of public land surrounded on 3 sides by private and on the 4th side is the river with railroad tracks following the river's edge. There is a belief that the section of land would only be legal to access  by public road and since there is none, the land is inaccessible. I am of the understanding you would be able to access this from the river but, assume you would be trespassing on railroad property once you left your boat and until you left their easement.

Any thoughts?

[Odell]

If it were me, I would do it. Access by the river. I would also be ok with the fact that you might get ticketed but to me its a crime to make public land without easement. The railroads stole ton of land from citizens. Lets start taking it back.   

[Bob33]

Other than your odds of being caught, there is no difference. You would be trespassing regardless of which direction you accessed the private land from.

[cbond3318]

For clarification I have no desire to hunt this land. Simply conversation but, if I were too, I would not attempt  access from the private land side. Riverside access, not sure I would worry about it. 

[cbond3318]

Other than your odds of being caught, there is no difference. You would be trespassing regardless of which direction you accessed the private land from.

The land discussed is public land surrounded by private and the river.

[CP]

Ask permission to cross the private land.

[cbond3318]

I guess the broad clarification for me is, does the railroad consider it trespassing to cross, walk on, sit and fish etc... along their embankment ? I just don't see how the railroad can hem up 100's miles of shoreline and consider it trespassing to be on it....

[whitey]

I guess the broad clarification for me is, does the railroad consider it trespassing to cross, walk on, sit and fish etc... along their embankment ? I just don't see how the railroad can hem up 100's miles of shoreline and consider it trespassing to be on it....

$10,000.00 fine and up to one year in jail is what they told me when I went to cross the un signaled track to swim my dog.
I said Thanks and left. They have gotten serious about it.
On that note! access via the river to hunt. They will have a tough time getting to you and an even tougher time trying to figure out if indeed you did even cross the tracks

[cbond3318]

What is the railroad's ownership easement? 50' each way of center?

[Bob33]

Other than your odds of being caught, there is no difference. You would be trespassing regardless of which direction you accessed the private land from.

The land discussed is public land surrounded by private and the river.

Yes, but you indicated that you must cross private land to get to the public land. That would be trespass.

[cbond3318]

Other than your odds of being caught, there is no difference. You would be trespassing regardless of which direction you accessed the private land from.

The land discussed is public land surrounded by private and the river.

Yes, but you indicated that you must cross private land to get to the public land. That would be trespass.

Gotchya..

[Bob33]

http://www.wsdot.wa.gov/Rail/TrainSafety.htm

Never trespass or cross tracks illegally. Railroad tracks are private property, not public trails. It's illegal and dangerous to walk on or near tracks unless you're using a designated crossing. It's also illegal and extremely dangerous (and DUMB) to drive around closed crossing gates or to ignore flashing warning lights. Trains travel in both directions on all tracks—so it's impossible to predict which direction a train will approach from.

[Skyvalhunter]

Special agents with the railroad will issue you at fine ticket.

[HUNTINCOUPLE]

Sure wish they would in force this with all the wind surfers illeagly crossing tracks to access the Columbia River.

[wreckerman5288]

If I wanted to hunt this public land I would walk across the railroad easment unless there was railroad personnel working near by. I understand that it is not legal but considering you are not going to harm a single thing and the risk of being caught is very low I would do it if the hunting is right on said piece of public land.

[Odell]

Sure wish they would in force this with all the wind surfers illeagly crossing tracks to access the Columbia River.

Why? I wish they would leave us alone. If someone has to cross 10ft of railroad to access the columbia river, who cares?

[HUNTINCOUPLE]

Sure wish they would in force this with all the wind surfers illeagly crossing tracks to access the Columbia River.

Why? I wish they would leave us alone. If someone has to cross 10ft of railroad to access the columbia river, who cares?

The fact that it is trespassing......  Then there is my own agenda to keep the HWY clear of Greenie Cars.   There is plenty of places to safely park and access the river without trespass.

[gaddy]

Doesn't there have to be access to public lands by easements? I remember a Tred Barta show where he did some research and got access, Legally between the properties that had locked up access with fences, and hunted behind some homes. Not true in Washington?

[HntnFsh]

Sure wish they would in force this with all the wind surfers illeagly crossing tracks to access the Columbia River.

Why? I wish they would leave us alone. If someone has to cross 10ft of railroad to access the columbia river, who cares?

Your only crossing a few feet of Railroad track. But several feet of railroad right of way. Probably 150 ft. or more. The people that care are the families of people that lose loved ones to being hit by a train. And the railroads that lose tons of revenue because of the time the tracks are shutdown for the investigation. I think I read that for a mainline it loses a million dollars an hour for every hour the tracks are shutdown. That was several years ago. I worked for the railroad for almost 20 years. They can be eerily quiet as the move down the rails. Just because you cant see or hear a train. Doesn't mean it isn't coming!

[andrew_in_idaho]

http://www.wsdot.wa.gov/Rail/TrainSafety.htm

Never trespass or cross tracks illegally. Railroad tracks are private property, not public trails. It's illegal and dangerous to walk on or near tracks unless you're using a designated crossing. It's also illegal and extremely dangerous (and DUMB) to drive around closed crossing gates or to ignore flashing warning lights. Trains travel in both directions on all tracks—so it's impossible to predict which direction a train will approach from.

it may be impossible but I can usually stand at a railroad track and rule out 358 degrees of direction a train will come from. Seriously we are talking about crossing a train track here, really almost the same as crossing a street which people manage to do safely every day in this country, look both ways if it's clear you go

[CAMPMEAT]

How thousand's of people cross RR tracks in Seattle everyday , ALOT. How many people cross RR tracks in rural America, ALOT.
I'd do it without reservation....

[Skyvalhunter]

Guess you are willing to take the illegal risk then.

[shootnrun]

Those that cannot see past the "illegal" aspect are those that make sure they rock back when stopping at every stop sign, mash the brakes at every light that has just turned yellow, and make sure their blinker is on until they have completed every turn.

I see the point in the ownership of these tracks, but the thought of "trespassing" for walking across a set of tracks along the Columbia or Snake that may be occupied by a train for minutes out of a day seems assenine.

[Bob33]

It is private property. You can probably cross one of the other three properties without getting run over also.

[sliverthrower]

Trespassing is trespassing no matter how foolish a person feels it is. Maybe some of the attitudes expressed are why hunters are getting labeled as lawless irresponsible individuals and why many land owners are closing all access to their lands. Respect an others property and rights. If you disagree with the law step up and contact your legislators and change the law don't just ignore it to suite your own agenda.

[Turner89]

How thousand's of people cross RR tracks in Seattle everyday , ALOT. How many people cross RR tracks in rural America, ALOT.
I'd do it without reservation....

ive lived around tracks all my life. Crossed them to hit hunting and fishing spots. Ill take the chance. I'm an outlaw

[heronblu]

If you can access the river from a legal spot it is my understanding that below the high water mark on navigable rivers is public property.

[Seabass]

Those that cannot see past the "illegal" aspect are those that make sure they rock back when stopping at every stop sign, mash the brakes at every light that has just turned yellow, and make sure their blinker is on until they have completed every turn.

I see the point in the ownership of these tracks, but the thought of "trespassing" for walking across a set of tracks along the Columbia or Snake that may be occupied by a train for minutes out of a day seems assenine.

It seems assenine because IT IS ASSENINE!

[bobcat]

Yes, it may be illegal to walk across railroad tracks, but so is driving 56mph when the speed limit is 55.

 

[bracer40]

Yes, it may be illegal to walk across railroad tracks, but so is driving 56mph when the speed limit is 55.

 

It's a ticket able offense to hold up faster traffic in the left lane also. You think that faster traffic is holding steady @60 mph?!? Nobody cares if you're doing the speed limit. Do it the right lane.

[bobcat]

Yes, it may be illegal to walk across railroad tracks, but so is driving 56mph when the speed limit is 55.

 

It's a ticket able offense to hold up faster traffic in the left lane also. You think that faster traffic is holding steady @60 mph?!? Nobody cares if you're doing the speed limit. Do it the right lane.

Apparently you didn't get the point I was trying to make with my post. This thread is about walking across railroad tracks.

[westsidehntr]

Guess I'm an outlaw also... Come get me, BNSF