Would This Be Appropriate?

[fishinwrench]

If you wanna get all constitutional and lawyerly about it.....Nobody can legally tell you to leave any place that isn't clearly posted, unless they have the property deed in their hands at the time. 

Otherwise I could just go threatening trespass charges everywhere I go just so I can be alone.  And beings as how I hate crowds......

[ness]

There are signs posted at RR crossings all over the place that say it's private property and no trespassing. 

from https://www.modot.org/railroads-general-information

There are some tracks close to my home that I walk on all the time to get to the store. Is it against the law?

Yes, it is against the law to walk on railroad tracks, and you could be arrested for trespassing. Railroad tracks and right-of-way are private property with access strictly limited to railroad personnel and persons who have been granted permission from the railroad. Anyone else on the track or grounds of the railroad is trespassing. Even though you might think that you are safe, more than 1000 people are either killed or injured each year in the United States while trespassing on railroad tracks, yards and other railroad property. For the first time, in calendar year 2004, the number of people killed while trespassing on railroad property exceeded those killed at rail/highway crossings.

[fishinwrench]

9 minutes ago, ness said:

There are signs posted at RR crossings all over the place that say it's private property and no trespassing. 

from https://www.modot.org/railroads-general-information

There are some tracks close to my home that I walk on all the time to get to the store. Is it against the law?

Yes, it is against the law to walk on railroad tracks, and you could be arrested for trespassing. Railroad tracks and right-of-way are private property with access strictly limited to railroad personnel and persons who have been granted permission from the railroad. Anyone else on the track or grounds of the railroad is trespassing. Even though you might think that you are safe, more than 1000 people are either killed or injured each year in the United States while trespassing on railroad tracks, yards and other railroad property. For the first time, in calendar year 2004, the number of people killed while trespassing on railroad property exceeded those killed at rail/highway crossings.

Ok, but in order to be ARRESTED, CHARGED, and CONVICTED there has to be a complaint on record.   Someone from the railroad would have had to call the county sheriff and report that a trespasser is on their property.   

Otherwise they have no jurisdiction to approach you and demand identification.   It would be an illegal arrest.

[liphunter]

Ness you pretty much hit the nail on the head. A simple 22 bullet hits the right instrument  at the right spot and chances are somebody  is going to lose a train and maybe some deaths involved. It's been that way for decades. But it got real serious after 9-11. As far as police. The railroad has there own with federal jurisdiction and usually work with local law enforcement.

[tjm]

1 hour ago, fishinwrench said:

When did that law go into effect?   

When they built the first RR. There never has been any public RR in the USA as far as I know. Feds gave lands to the RR far in excess of what they needed so that the RR could sell those lands to fiance construction. Continuous mile wide corridors with the RR owning every other section on both sides of track in a checkerboard pattern. Only in the settled east were private lands taken.  

[ness]

5 minutes ago, fishinwrench said:

Ok, but in order to be ARRESTED, CHARGED, and CONVICTED there has to be a complaint on record.   Someone from the railroad would have had to call the county sheriff and report that a trespasser is on their property.   

Otherwise they have no jurisdiction to approach you and demand identification.   It would be an illegal arrest.

Thanks for rendering a free legal opinion, fishinwrench, Esq. I'll print this off and carry it in my wallet.  

[fishinwrench]

3 minutes ago, tjm said:

When they built the first RR. There never has been any public RR in the USA as far as I know. Feds gave lands to the RR far in excess of what they needed so that the RR could sell those lands to fiance construction. Continuous mile wide corridors with the RR owning every other section on both sides of track in a checkerboard pattern. Only in the settled east were private lands taken.  

Hobo's used to prowl the town I grew up in, the trains stopped at the brickyard and the bean mill.   My grandpa was chief of police, and if a hobo caused any trouble he'd escort them back to the bean mill or the brick yard and tell them to get GONE on the next train out.  

Was my grandpa operating in a federally illegal fashion ?

[tjm]

I guess he may have been. Most RR had/have their own RR Police force commissioned under one or more of these laws'; https://www.therailroadpolice.com/p-r-police-laws

I can recall stories of RR  Bulls beating hobos with wrenches and pistol whipping them. I don't think small town LE and RR Bulls got on well from other stories I've read or heard.

Some RR were more heavily invested in security than others and RR dealing with Defense would have Federal guards as well as the RR cops.

[fishinwrench]

Cool stuff.   Lots of neat history associated with the railroads.   According to my grandma, bands of gypsy's used to ride the empty rail cars too.   She hated gypsy women.   I don't even know what defines a "gypsy", and wouldn't have known one if I had seen one,  but I remember being told as a child to stay AWAY from them.  😅

[tjm]

Gypsies used to travel in family groups, trading and tinkering as they went, often considered as petty thieves and dishonest; there used to be a "Gypsy King" about 25 miles from me, never met him  did interact with some of the people. He had a piece of land and house with a few out buildings and in winter 30 or 40 traveling groups would camp there, in the late '60s they all had small trailers rather than wagons.  The Roma  https://en.wikipedia.org/wiki/Romani_people