I will do the same thing today as well!

Chris

When we were kids the first place we went was to the tracks to hunt rabbits and pheasants and no one gave a dam.

You just look bother ways before crossing.

I got a LOT to say about this !!!!

Let 's say you own 500 acres of land. 200 Acres of Farmland on one side of the Railroad tracks that you can access by the State Road. The other 300 acres on the other side of the Railroad tracks is all Hardwood Forest. There is NO access to the 300 Acres of Woods, other than to cross the Railroad tracks. The land has been farmland and woods since BEFORE the Railroad ran their tracks through the land. OVER 100 years!!! The Railroad changed ownership many times , over the years. There NEVER was agreement to allow crossing of the railroad tracks. The Railroad back then , just TOOK the land !! Railroad crossings were put in over the years . The Railroad Companies all through the years, never complained when the property owners crossed the tracks, to access THEIR LAND !! on the other side of the tracks !!


Then , not too many years ago, the Railroad tracks changed hands , and the new owners park their rail cars all along the railroad tracks; during the Fall and Winter. They INTENTIONALLY are blocking access to the private property on the other side of the Railroad tracks. Access for which there is no other way into those properties.

As for an Easement to get onto their lands, the Railroad has REFUSED to grant ANY EASEMENTS !!

So, what would you do in that type of situation?? Pay taxes on land you can't use , because the Railroad won't let you access YOUR property? Or, don't pay the taxes, and let it go into Tax Foreclosure, but no one will buy it , because the Railroad won't grant access to the land??

Another thing....


If the property goes up for Tax Auction, and the Railroad REFUSES to grant any Easements to the new Owner, does the current owner still retain title to the property that went up for auction, because it is unsellable AND... is that owner still responsible for paying property taxes on land that he cannot use and cannot have access to ????

I wonder if a guy built some kinda bridge over the tracks where you didn't have to go on the rail road right away to construct it. Bet the rail road has a way of stopping something like that too?? I'm just being fictional of course probably more money than anyone but the rail road could afford to try it. We do have one million something dollar bike bridge over the rail yard here though.. Money well spent right..

Canvasback2

You need someone like DirtyD to buy you a helicopter then hope there is a open enough area to land it. With the miles of tracks abutting both private and public land here where I live. It's almost the equivalent of say the county or state painting a line around someones personal yard. Then saying figure out some other way how to get into your house.. You can't cross that line.

Mac

Just pole vault across.

TTT for any Wisconsin folks.

Moosetrot

Do all the road crossings have arms in WI? If you can't walk across, how can you drive across without a arm blocking traffic when a train is coming?

ttt

Here is Rep. Swearingen's response. More pressure is going to be needed to get this done. Take the time to contact your Rep. and Sen. It matters.


Rep.Swearingen
11:50 AM (1 minute ago)
to me

Hi Scott,



Thank you for contacting my office with your thoughts regarding LRB 5428 related to pedestrians crossing railroads.



I am aware that LRB 5428 was recently circulating for co-sponsorship, however it is my understanding that the bill has not yet received an official bill number or been referred to a committee in the Assembly. As we are quickly approaching the end of session, it remains to be seen if the legislation will receive enough traction to move through the entire legislative process.



Thanks again for reaching out. Have a good week.



Rob

Anybody that buys property that is divided by anothers property is STUPID if they do not get an easement thru.
I have purchased landlocked property, BUT before I purchased I got Easements from ALL owners that I needed to to get access.

So I have no compassion for someone in your scenario.

Lets say the property was in the family for many years without any easement. Lets say at some point the property dividing the land was sold to someone else who no longer allows easement.
Again I say too bad, so sad. IF the land owners had half a brain they would of gotten a legal easement years ago when the owner of the RR had no issue with the trespassing.
Then all new owners would be legally binded by the easement.


There are legal rules that we all live by. These rules are what makes a civilized society.



I don't care what the RR did in the past. Its of no relevance to whats they decide to do today.
They are private property owners who have rights.
Just cause you want to trespass for your own enjoyment is no reason to violate this right that all private property owners enjoy.



A liberal/lefty always complains about feelings, but no logical or legal arguments.

These are not roadways crossing the tracks.
They are "informal" foot paths for the most part.

That incidentally cross private property.

Not at all like what your suggesting.

A better analogy would be your land that your house is landlocked.
Yet your neighbor always allowed you to cross his land to get to your place.
No public road or anything just a informal gravel driveway that crosses his property.
Well then your stupid son-in-law sues him cause he drives off the driveway and wrecks his car.
The new owner then says, "screw this" you can't drive/walk on his property. He does want any more law suits from your wacky family/relations and he charges you for trespassing on his land to get to your house.
Its with in his rights to do so.

I understand that. But I guess you missed the point. You can drive across on a dirt road with no protection, but you can not walk across?

We live in a culture that values freedom and laws because those things benefit everyone in society. When you start using the laws as they were never intended, as a weapon there will be backlash. No one foreseen railroads denying access when they were given odd shaped chunks of land against the norms to accommodate their tracks. Many states allow traditional easements to stand weather they were recorded or not, that should obviously be the case.

You complain about Liberal/lefties, if you want some Libertarian paradise go try Somalia or the Congo.

I received the same response today from Rep. Swearingen. Have not heard from Senator Tiffany as of yet.

Chris

Don't they make those portable oxy/acetylene cutting torches?