You are required to coordinate entry to railroad property with the local engineer.
"Coordinate" around here means $600 a day for a RR minder (maybe more now, it's been years since I've used one), scheduled weeks in advance.?ÿ I understand the rationale, but it's not a very practical solution to a very minor trespass situation.
Fortunately, there are no RR installations within 5 feet of the ROW line, so my only trespass is where the ROW gets close to the fence.?ÿ (It's not a RR-built fence, it was built by the parcel owner.?ÿ There is no ROW fence in this area.)?ÿ I did locate some telegraph poles and the rails via reflectorless from the client's side of the fence, and I'll show those on the map.
Probably unpopular opinion, but since we've already thrown Jim in jail for trespass and one or two other low level offenses, I'll admit that I've cut fence and zip tied it back together. This isn't even ROW fencing. Coordinating will take longer than necessary and is ultimately a hassle for something that shouldn't be.
I usually look for a corner and then just climb the fence.?ÿ If no corner, then look for a really solid part and climb.?ÿ Also need to be wearing soft toe boots, won't be able to dig into the chain with cumbersome wide composites
Not a climber.?ÿ If the soil allows, dig under.?ÿ If not, track down permission to enter normally.
As far as barbed wire is concerned (and electric fences for that matter) a 3ft. length of pipe lagging - the lightweight expanded stuff?ÿ - is ideal. No weight, it's slotted to go over the pipe (or wire!) and thick enough so no spikes get you.
@chris-mills had to look that up. ?ÿGood tip.
I don??t know why I cannot paste links copied from other sites while using Safari???
I guess I've gone soft but its been years since I would even consider climbing a fence of any height more than I could vault. I'd do all my work on one side and then the other.?ÿ
I had an old boss who made a "climber" for chain link fences. It had two metal hooks that you hung on the horizontal cross bar there were leather straps hanging with old stirrups on the ends, he had them staggered, one about thigh level and the other above the waist...grab the top of the fence and use the stirrups as steps.
It was light weight and you could easily unhook it and move it to the other side of the fence when you needed to get back over.
"Coordinate" around here means $600 a day for a RR minder (maybe more now, it's been years since I've used one), scheduled weeks in advance.?ÿ
Around here add a 1/2 day "class" which you're charged for.?ÿ It includes such tidbits as hardhat/proper boots/orange vest required,?ÿ what the semaphores mean, the RR minder's flag and sound signal scheme, "never ever step on a rail, step over it" blah-blah.?ÿ You do get a cool sticker for your hardhat which requires an annual renewal.
Once stickered you can get a RR minder (called "flagmen" around here) on notice as short as 24 hours for a premium fee.
So, in ID, if I build a fence of convenience on my own property, suddenly it is trespass to jump over to the other side? If I built a fence down the center of my yard, would I be trespassing on both sides??ÿ I am a bit confused.
@dmyhill If you enter land that 'reasonably' appears to be owned or under the control of someone else it's trespass. The law is a poorly worded pile of crap that criminalizes (often) innocent behavior. Oh, and if you have a shovel you have expressed intent to dig. That elevates it to criminal trespass.
This law was pushed by a powerful lobby and isn't going away. We were lucky to get a right of entry after this went into effect. The rr lobby would have killed our roe bill without the coordination provision. If enough folks get caught ignoring it our right of entry will get repealed...
@thebionicman?ÿ?ÿ
?ÿ
Probably depends if you get caught by the privately paid militia (aka RR police) what "reasonably appears". To a surveyor that is probably much different than to a private paid militia (aka RR police).
The last time I got booted off the UP ROW -- it was a dozen or more years ago -- it was by a RR section supervisor rather than the RR police.?ÿ The guy was pretty reasonable and let me get the few shots I needed.?ÿ His pickup was parked nearby when I finished, so I dropped a case of beer in the back when I left.
It sounds like overkill, but the best thing to do is take the safety class, and hire a track watch; then bill the client accordingly.
I located wetland flags along about 25 miles of BNSF track, for a public transportation project. The track watch wouldn't say a word to pedestrians, walking along the track. We ran into a crew running levels on their project, and he read them the riot act. I guess it makes a difference, when you're trying to get a job done; or walk to work.
I think the guys name was Richard Cranium; we had hiked in about 2 miles, with all the gear. It was getting late in the afternoon and we had 2 more flags to get. This guy says; OK, let's pack it up and get out of here. Um, no, I'm going to get these last 2 flags first. Really pissed him off...
@dmyhill It only matters what it looks like to the judge. And RR isn't just rentacops any more, it's also federal protection of infrastructure.
@dmyhill It only matters what it looks like to the judge. And RR isn't just rentacops any more, it's also federal protection of infrastructure.
Ahhh, yes the ever present GWOT is still the gift that keeps on giving. Around my area, the last time I checked, the RR cops were WA state peace officers, bought and paid for and wearing the uniform of, a private company. They aren't just security guards.
It is shocking to me how little has changed since the robber barons put the rails across the US.