[GeoStL] Re: Just a bit of Warning

  • From: Paul Konopacki <konopapw@xxxxxxxxxxxxxx>
  • To: geocaching@xxxxxxxxxxxxx
  • Date: Sun, 18 Aug 2002 22:11:44 -0500

What would have indicated that this was RR property?
If you didn't know it was an RR at one time,
you might not know it by just being there.

There were high voltage powerlines, but that doesn't
scream 'private property', to me.

(I know, I know, ignorance of the law is no excuse - my
apologies to Sgt. St. Clair ...!)


t.l.st.clair@xxxxxxx wrote:

> Guys:
> It doesn't matter if there are active tracks or not, if
> you are on any railroad property you violate a state
> statute. It's in section 389 RSMO 2001.  Railroads
> don't like paying settlements in lawsuits if you slip
> and sprain your ankle on their land.
> > Jenna's Black in Black cache:
> >
> > We found a place to get a level approach to the
> > cache and it was a very short walk to the cache
> > area.  It was a cul-d-sac.  Based on previous
> > cache logs, we knew it was best to approach
> > from the north.
> >
> > I'm usually uncomfortable with urban cache
> > hunts, but this one wasn't bad for us.  I also
> > expected it to be on RR land where there
> > were still tracks, but there were no tracks.
> >
> > I can't say the same for the 'Down By The
> > Railroad Tracks cache', which thankfully
> > was archived by geocaching.com because
> > it was in a bad neighborhood, was an
> > active RR, and you couldn't tell the trash
> > from the cache.
> >
> >
> > Dan Henke wrote:
> >
> > > This is true for an active right of way but this is an
> > > abandoned section of track and the only thing left is
> > > the grade ...no tracks at all ....The RR still retains
> > > the right of way usually but sometimes it is deeded
> > > over to the city or county....very very seldom is it
> > > given back to private adjacent land owners ....this is
> > > the reason I think that it was not privately owned but
> > > I was not about to argue the fine points of the law
> > > with an angry landowner
> > >
> > > Dan
> > >
> > > --- t.l.st.clair@xxxxxxx wrote:
> > > > Dan:
> > > > Just to give you the straight scoop, walking on
> > > > railroad right-of-way is trespassing.  All police
> > > > officers, including railroad police, are empowered
> > > > by
> > > > the state to make arrests for being on the
> > > > embankment,
> > > > tracks, bridges, etc.  Approved grade crossings are
> > > > the
> > > > only places where the public can legally cross
> > > > railroad
> > > > right-of-way.
> > > > The law was enacted for several reasons, chief among
> > > >
> > > > them the number of people killed and injured on
> > > > trestles.  Railroad cops take trespassing seriously,
> > > >
> > > > something everyone should keep in mind.  If my
> > > > meomry
> > > > serves me correctly, the offense of trespassing on
> > > > railroad right-of-way is a Class A misdemeanor,
> > > > which
> > > > is punishable by a $1000 fine and or up to one year
> > > > in
> > > > the county jail.
> > > > > Hi everyone,
> > > > >
> > > > > Just wanted to let you all know I had a bit of a
> > > > run
> > > > > in today on one the caches.....I was looking for
> > > > > Jenna's Black In Black (GC44B3)....I had a heck of
> > > > a
> > > > > time figuring out where to park but finally parked
> > > > on
> > > > > the street and climbed up to the RR grade ....I
> > > > found
> > > > > the area of the cache and noticed that near a
> > > > > Powerline pylon there were a lot of pictures and
> > > > other
> > > > > papers....looks as if someone had stolen either a
> > > > > wallet or address book and scattered what they did
> > > > not
> > > > > want all over....I gathered up all I could and put
> > > > it
> > > > > on the pylon base with the intention of trying to
> > > > > figure out who to contact with it....I then looked
> > > > for
> > > > > the cache and as I was looking someone across the
> > > > > fence hollered at me wanting to know what I was
> > > > doing
> > > > > there....I tried to explain but he was not
> > > > interested
> > > > > in any explanation....He stated that I was on
> > > > Private
> > > > > Property (which I was not if I understand RR right
> > > > of
> > > > > ways and Power line easements correctly) and that
> > > > I
> > > > > needed to leave or he would call the police....I
> > > > > apologized to him for inadvertantly crossing his
> > > > > property (I did not but it was not worth the
> > > > argument)
> > > > > and told him I was leaving....He then again
> > > > threatened
> > > > > to call the police if I did not get off his land
> > > > right
> > > > > away....I left without finding the cache or
> > > > removing
> > > > > any of the pictures or papers that I found.....I
> > > > don't
> > > > > think I will go back to this one...I'd just as
> > > > soon
> > > > > not meet an angry citizen with a gun or the police
> > > > on
> > > > > my way out....Budlvr40 I just wanted to let you
> > > > know
> > > > > what had happened ....my recommendation on this
> > > > one
> > > > > would be to archive it and set out one somewhere a
> > > > > little less hostile....
> > > > >
> > > > > Dan (Thunder)
> > > > >
> > > > > __________________________________________________
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> > > > > due to a conflict."
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> > Msg. of the day, "The peacemaking meeting scheduled for today has been 
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> Msg. of the day, "The peacemaking meeting scheduled for today has been 
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Our NEW WebPage!   WWW.GeoStL.com 
Mail List & Archive Info. 
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Msg. of the day, "The peacemaking meeting scheduled for today has been 
cancelled due to a conflict." 
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