Crossing/Entering Railroad property along Rivers?

[Aleforme]

How do you guys feel about crossing over or fishing on railroad property along rivers here in Washington? Maybe this has been discussed before but I haven't found anything here.

I see a lot of access along various rivers that is railroad property and I'll also see well worn foot paths to and along a rivers and plenty of people fishing in those areas. I know companies like BNSF will post no trespassing signs in some areas but these seem to go ignored and it's unclear if such company or any authority really worries about it? I've also read on the "interwebs" that you're allowed to cross railroad property if it's between a road and a river. But, I haven't really found anything about actually being on the property while fishing.

Just curious how everyone feels about this? Do you fish these areas? Does anyone (rail company) even care? Is it actually allowed? Will I be put in the slammer?

I just can't seem to find a concrete answer.

Thanks in advance.

Jim

 

[SteelHeadDave]

Railway companies absolutely take trespassing seriously. That being said you are unlikely to find enforcement via a railway company bull unless you are traversing a yard or lay-up to get to your fishing hole. Railway workers are generally pretty chill, the enforcement not so much.

You are more likely to get slapped by WDFW enforcement if parked in an obvious spot that shows you are trespassing on railroad tracks.

I can’t speak for the legality of just crossing over tracks though. I’m curious about that too.

 

[Peyton00]

Technically...... get some popcorn ready.

 

[Tallguy]

I cross and use tracks for river access, regardless of signage. Think it's mostly total BS that rail lines can be posted and enforced, especially considering how many of those trackways were public lands given to the companies to incentive them building the railway, or no provisions for public access or crossing were prioritized for them. To me, I am just slightly keeping the public access easement concept alive for railway impaired locations, one that should have been included in the first place, had trespassing even existed as a concept in the 1800s.

Were I to get a ticket, I'd happily stand in front of a judge and tell them the same, and pay the fine if it came to that.

 

[krusty]

Railroad police have actual commissioned law enforcement authority (including arrest) at the state and federal level.

Do they care about RR access and tresspassing? Depends on the location. Like all LEOs they have considerable discretionary power. 'Yard Bulls' are nothing to mess with...they aren't Mall Cops.

 

[Tom Butler]

I had an encounter with a RR Officer down by Wallula several years ago. He had powers in Wa and Or from what I gathered. I'd crossed the tracks to fish, everybody does (did, some still do), and you can't do that. Trespassing, they actually own, but even right of way has special restrictions (like the freeway). They were making a point of emphasis after a couple of deaths. He took my name, but I didn't get a ticket. I think the folks that argued with him did.

 

[krusty]

I had an encounter with a RR Officer down by Wallula. He had powers in Wa and Or from what I gathered. I'd crossed the tracks to fish, everybody does (did, some still do), and you can't do that. Trespassing, they actually own, but even right of way has special restrictions (like the freeway). They were making a point of emphasis after a couple of deaths. He took my name, but I didn't get a ticket. I think the folks that argued with him did.

Indeed...they have interstate authority.

And in some areas they actually provide law enforcement assistance to local police on non-RR issues.

 

[doublespey]

There was a big issue with it here in Western Washington about 5 years ago and there was a crackdown on folks crossing the tracks because there had been some injuries/deaths (transients, not fishermen) and the railway was covering their legal asses.

Not many steelhead now, so not so many fisherman wanting to cross the tracks at these locations (mid - upper Skykomish).

While I appreciate the railroad folks legal standing, I still cross the tracks (1) while trying to not call attention to myself and (2) when no other means of accessing the public fishing I'm trying to get to exists.

The punchline - it is illegal and you can get a costly ticket for trespassing. Ditto for going over 10mph over the posted speed limit on the highway.

YMMV -

 

[krusty]

Depending upon the severity of the trespass transgression (refusal to leave, repeat offense, etc.) it can go all the way from a low level misdemeanor to felony level criminal trespass with fines and jailtime.

Likely? No, unless you want to get belligerant about it with the officer and get to go for a ride.

 

[Brian Miller]

I cross and use tracks for river access, regardless of signage. Think it's mostly total BS that rail lines can be posted and enforced, especially considering how many of those trackways were public lands given to the companies to incentive them building the railway, or no provisions for public access or crossing were prioritized for them. To me, I am just slightly keeping the public access easement concept alive for railway impaired locations, one that should have been included in the first place, had trespassing even existed as a concept in the 1800s.

Were I to get a ticket, I'd happily stand in front of a judge and tell them the same, and pay the fine if it came to that.

In this litigious era, if RRs allow the public to cross their tracks, they incur liability for people being struck and killed. They also become greater targets than they already are for vandalism. If the vandalism leads to an accident (or even wanton terrorism intending to cause a catastrophe), a lot of people could be killed, maimed, injured, adjacent property destroyed... the RRs would likely be found liable.
Pedestrian overpasses are impractical because of the sheer distances involved. What would the maximum distance between overpasses need to be along a river?
(Unauthorized) Public access increases the need for security, thorough periodic inspections, and maintenance.

All of these increase the cost of doing business for the RRs. They have to pass these costs to their freight Customers who pass their increased costs to Consumers of the products being shipped. Costs also increase for Passenger rail and are passed on to the ridership, and taxpayers through higher subsidies to keep Passenger rail a viable means of mass transit.

All so you can fish anywhere you want?

 

[RCF]

Trespassing is trespassing and it is illegal. Just because you want access to some water through land you do not own e.g. railroad, does not make it right. How would you feel if you owned riverfront and/or lakefront property and John Q. Public used your private property to access the water?

Ask me, I know. It is expensive to prevent it. It is expensive to block it only to get it torn down. It is expensive to install cameras only to get them shot up. It is not a good thing when trespassers start fires. Liability is a huge issue and risk. Lawyers are expensive too. All for a fish? Sheesh!!!!

 

[Clean Willy]

Depending upon the severity of the trespass transgression (refusal to leave, repeat offense, etc.) it can go all the way from a low level misdemeanor to felony level criminal trespass with fines and jailtime.

Likely? No, unless you want to get belligerant about it with the officer and get to go for a ride.

Wonder also if this might be a Federal offence? Similar to speeding in a National Park. Ask me how I know.

 

[Tim L]

They have much bigger fish to fry here in Ohio.

 

[Aleforme]

Wow, thanks for all the replies. I agree, bottom line is it's trespassing. I just see so many people doing it so I wondered if it was really enforced?

 

[Buzzy]

I misremember stuff all the time but I thought there was a discussion on WFF about RR emphasis on folks crossing the tracks or walking along them in the Yakima River canyon.

"Ledges", a legendary run on a nearby river, was accessible either by boat (not easily) or by walking up the tracks. More than once my buddy and I would hop off the track bed when a train came through, we were never hassled by RR employees.

 

[FinLuver]

I misremember stuff all the time but I thought there was a discussion on WFF about RR emphasis on folks crossing the tracks or walking along them in the Yakima River canyon.

"Ledges", a legendary run on a nearby river, was accessible either by boat (not easily) or by walking up the tracks. More than once my buddy and I would hop off the track bed when a train came through. Unfortunately, Ledges and the river its in, is closed to steelheading.

Your memory is crystal clear…
There was a similar discussion on the old forum.

 

[Aleforme]

On a similar note, when I'm using OnX Hunt, some land is listed as "WA Private Lands" instead of having an owner listed. I think these might be accessible for the public? Private lands but vi agreement with the state, are public access? But, I'm not really sure. I found some info on these but it seems to speak about hunting access. Assuming it would be the same for fishing?

 

[RCF]

Wonder also if this might be a Federal offence? Similar to speeding in a National Park. Ask me how I know.

It depends... If you cross the railroad tracks between Boston and Washington DC it is a Federal offense. Otherwise the railroad owns the land so it is private land.

 

[jasmillo]

Issues like this are why I got my latest fishing rig. This and corner crossing…

 

[PhilR]

It's trespassing, and I do it as well. The fun part is hiking up the tracks in the predawn dark. Plenty of notice when a train is coming, but still have my head on a swivel. The only place I've heard of people getting in trouble is at South Junction on the Deschutes.