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Re: Crossing railroad tracks to access public lands
[Re: Dirty D]
#6766731
02/11/20 07:09 PM
02/11/20 07:09 PM
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Joined: Jun 2015
Posts: 1,263
Minnesota
Woodsloafer72
trapper
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trapper
Joined: Jun 2015
Posts: 1,263
Minnesota
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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.
One thing I think you are failing to take into account is that the RR went where THEY wanted to. If you didn't want them to cut through your property it would be seized under eminent domain and sold to the RR. No agreement on your part. A lot different than voluntarily selling a piece of property.
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6766733
02/11/20 07:15 PM
02/11/20 07:15 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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Canvasback2,
Who put in the crossings? Do the railroad maps show the crossings and does the original railroad deed reference the map. Was the railroad fence constructed with an opening at the crossing?
The railroad will protect it's interests. It's up to the abutting landowner to protect his and sometimes that means hiring a lawyer.
formerly posting as white dog
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Re: Crossing railroad tracks to access public lands
[Re: Donnersurvivor]
#6766742
02/11/20 07:21 PM
02/11/20 07:21 PM
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Joined: Dec 2018
Posts: 5,214
Crivitz WI
Sprung & Rusty
trapper
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trapper
Joined: Dec 2018
Posts: 5,214
Crivitz WI
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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.
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. You don't seem to know the difference between a liberal and libertarian.
No Jab.
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6766751
02/11/20 07:30 PM
02/11/20 07:30 PM
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Joined: Aug 2011
Posts: 45,514
james bay frontierOnt.
Boco
trapper
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trapper
Joined: Aug 2011
Posts: 45,514
james bay frontierOnt.
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Liberal,Libertarian,Librarian-whats the diff.
Forget that fear of gravity-get a little savagery in your life.
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6766770
02/11/20 07:51 PM
02/11/20 07:51 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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Liberals like to tell others how to live. Libertarians just want to be left alone. Librarians want to snuggle up with their pets and read a good book.
formerly posting as white dog
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6766835
02/11/20 08:59 PM
02/11/20 08:59 PM
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Joined: Dec 2010
Posts: 11,204
Armpit, ak
Dirt
trapper
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trapper
Joined: Dec 2010
Posts: 11,204
Armpit, ak
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A libertarian might notice that much of this public land can be accessed via the public river.
Who is John Galt?
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Re: Crossing railroad tracks to access public lands
[Re: Dirty D]
#6766844
02/11/20 09:07 PM
02/11/20 09:07 PM
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Joined: Jul 2016
Posts: 3,928
NY
Canvasback2
trapper
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trapper
Joined: Jul 2016
Posts: 3,928
NY
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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.
There is the heart of the matter. None of the preceding Railroads or the current Railroad would ever grant an easement to any of the property owners. As for who put in the crossings , those are old farm crossings put in over 100 years ago. The only fences along the railroad tracks, are old barbed wire farm fences put in by the Farmers, decades ago
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Re: Crossing railroad tracks to access public lands
[Re: Boco]
#6766850
02/11/20 09:14 PM
02/11/20 09:14 PM
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Joined: Jun 2008
Posts: 275
Smithsburg, MD
J.C.
trapper
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trapper
Joined: Jun 2008
Posts: 275
Smithsburg, MD
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Liberal,Libertarian,Librarian-whats the diff. Wow HUGE difference.
To a person ignorant of nature, his country stroll is a walk through a gallery filled with wonderful works of art with their faces turned to the wall
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6766882
02/11/20 09:35 PM
02/11/20 09:35 PM
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Joined: Mar 2012
Posts: 4,324
AK
FairbanksLS
trapper
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trapper
Joined: Mar 2012
Posts: 4,324
AK
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Canvasback2,
Look up New York State laws about prescriptive easements and easements of necessity which can be found on the internet. If you are serious about determining what you legal rights are you will hire an attorney.
Good luck.
formerly posting as white dog
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Re: Crossing railroad tracks to access public lands
[Re: Woodsloafer72]
#6767007
02/11/20 11:23 PM
02/11/20 11:23 PM
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Joined: Nov 2014
Posts: 1,939
east central WI
Dirty D
trapper
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trapper
Joined: Nov 2014
Posts: 1,939
east central WI
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One thing I think you are failing to take into account is that the RR went where THEY wanted to. If you didn't want them to cut through your property it would be seized under eminent domain and sold to the RR. No agreement on your part. A lot different than voluntarily selling a piece of property.
When the railroads, or the Gov't seizes property for eminant domain they do pay for it. And when they go thru the middle of someone property they give access so the landowner can access his property on the other side.
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Re: Crossing railroad tracks to access public lands
[Re: Canvasback2]
#6767015
02/11/20 11:27 PM
02/11/20 11:27 PM
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Joined: Nov 2014
Posts: 1,939
east central WI
Dirty D
trapper
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trapper
Joined: Nov 2014
Posts: 1,939
east central WI
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There is the heart of the matter. None of the preceding Railroads or the current Railroad would ever grant an easement to any of the property owners.
As for who put in the crossings , those are old farm crossings put in over 100 years ago. The only fences along the railroad tracks, are old barbed wire farm fences put in by the Farmers, decades ago
These are not farmers lanes with fences. For the most part they are foot paths that cross the RR at convenient spot usually across from public parking spot. Sometimes across from a private place that allows parking say a Bar or Sport Shop. The train tracks pretty much follow the road. There is the river, sloughs, swamps and Islands on the west side of things, the land that is being prevented access to across the RR, the RR tracks, The public road and then more land to the east. Pretty much all the land to the west of the tracks is wild land. Not much of it in a east to west distance. No signs, No place to drive a truck or car, no flashing lights or barriers that activate when a train is coming. Another point that is not being mentioned here is that this land is not inaccessible without crossing the tracks. It is accessible by traveling up or across the river from other access points. These points maybe greater distances than the tracks but they are there. The tracks are the easiest access so they are the ones that are being fought over.
Last edited by Dirty D; 02/11/20 11:34 PM.
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Re: Crossing railroad tracks to access public lands
[Re: Muskrat]
#6767027
02/11/20 11:39 PM
02/11/20 11:39 PM
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Joined: Jul 2016
Posts: 3,928
NY
Canvasback2
trapper
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trapper
Joined: Jul 2016
Posts: 3,928
NY
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2.1 miles of properties along the length of the railroad tracks are blocked from Fall till Spring. If the property owners want to tap the Maple trees, they can't do it, because the Railroad does not consider that a good enough reason to cross the railroad tracks. What gets me, is 2 things...
1. This seems to have started around when the assessments went up and I think there was some dispute over the value of the railroad property.
2. When I looked on the Google aerial map of the railroad tracks, the nearest railyard is over 50 miles to the South. There is plenty of space for them to park their railcars there. Yet, they choose to park along a siding in a little town. The property owners affected by the railroad , complained to the Town, & the Town buckled under , and did nothing.
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Re: Crossing railroad tracks to access public lands
[Re: Hornytoad1]
#6767028
02/11/20 11:40 PM
02/11/20 11:40 PM
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Joined: Nov 2014
Posts: 1,939
east central WI
Dirty D
trapper
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trapper
Joined: Nov 2014
Posts: 1,939
east central WI
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Why is it so hard to cross train tracks at a crossing. You can also cross under the track if a culvert is available. Both of these methods are what the BNSF Special agent (RR cop) has told me personally. You just can cross where there ISN'T a crossing. It dosen't need gates or flashing lights just ties layed for foot or vehicle traffic to cross. Its hard to cross at train crossings cause they are not as common as the foot paths that were previously used and are at question. To say there is NO access without crossing the private property of the RR is a lie. There are ways to get to the other side but they require more travel/work. Thats the rub here. The people who feel they should be allowed to trespass are used to the easiest way. When that way is taken away they want it back. Personally I'd be happy having the area more inaccessible, it means less people will put forth the effort. So the fewer people the happier I'll be.
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Re: Crossing railroad tracks to access public lands
[Re: Dirty D]
#6767037
02/11/20 11:48 PM
02/11/20 11:48 PM
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Joined: May 2013
Posts: 3,188
Green Bay, Wisconsin
tlguy
trapper
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trapper
Joined: May 2013
Posts: 3,188
Green Bay, Wisconsin
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Personally I'd be happy having the area more inaccessible, it means less people will put forth the effort. So the fewer people the happier I'll be.
There it is. In case Dirty D tries to hide his shame and delete his comment.
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Re: Crossing railroad tracks to access public lands
[Re: tlguy]
#6767055
02/12/20 12:09 AM
02/12/20 12:09 AM
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Joined: Nov 2014
Posts: 1,939
east central WI
Dirty D
trapper
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trapper
Joined: Nov 2014
Posts: 1,939
east central WI
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Personally I'd be happy having the area more inaccessible, it means less people will put forth the effort. So the fewer people the happier I'll be.
There it is. In case Dirty D tries to hide his shame and delete his comment. Not going to try. I have no problem with my comment. I used to Fish a private lake surrounded by Private property. If you snuck in on land you'd get caught and tossed out. But if floated down the 1 1/2 mile long small creek in a canoe there was nothing they could do. Of course it was a lot more work. ALOT MORE. Sometimes the best things in life require more work.
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