Im Pd!!!

[mrs.oroblanco]

Re: I'm Pissed!!!

You might be interested in North Carolina law.

It says, pretty much, that, if it is posted and you go, you are trespassing. If someone tells you to leave and you don't, its trespassing.

Now, there are some special regulations for some specific counties. You can check that, too.

http://www.ncga.state.nc.us/enactedlegislation/sessionlaws/pdf/1987-1988/sl1987-700.pdf



Here is all the statues, if your county is in there, you can read the add-ons, etc.

http://www.ncga.state.nc.us/gascrip...h.asp?biennium=&query=trespass&searchType=Law


Beth

 

Amazon Forum Fav 👍

A Handbook of Civil War Bullets and Cartridges - Grab it through Amazon!

[jeff of pa]

Re: I'm Pissed!!!

Thanks to all who replied!! I went back and took pictures! No signs! There is alot of construction going on for the new I 85 bridge. I will call the courthouse in he AM to find out what I can do to resolve this asap.. Thanks for the support!!

Ya Know I thought of this also.

He said he's sick & Tired of having to come out,
so why didn't he just post a sign ?

Good Luck !
Keep us updated

 

[Chocadog]

Re: I'm Pissed!!!

I might think about taking the offensive path in this matter. Norfolk and Southern do not need any negative publicity at all. With all the problems that they face with poorly marked and controlled rail/road crossings they have far too little time to bother with a petty thing like your metal detecting. As someone else mentioned take as many pictures as you can to prove your no trespassing point, get in touch with your local newspaper, contact the newspapers in surrounding areas, write letters to the editor of as many news outlets as you can. Send a copy of you correspondence to the President of Norfolk and Southern and see how fast you get a reply. An explanation of your loss of your metal detector, the time and expense of your efforts might result in you being able to afford an upgrade. The very last thing any publicly traded company wants in today's economy is "negative press" If you get high enough and make enough noise your problems will be solved. Make sure that when (and if) the case goes to a court hearing, make sure the local paper knows that the giant company is picking on a small town local resident. In addition if I am not mistaken the town of Spencer is reliant on tourist income for the "Thomas the Tank Engine" exhibit. I might inform the BBB of the way you have been treated and explain to them the steps you intend to take with not only N & S, but the town of Spencer. In addition I would attend the next town meeting and request that N & S be required to post all property and all property lines that are in fact deeded and permitted as private propert. You might suggest that N & S be required to fence all of these areas in order that tax paying citizens are not "entrapped" by over zealous N & S employees and over zealous local police officers. In addition you might mention that the "Treasure Net" forum has already been informed of the injustice, I am not sure of the number of folks that are registered with Treasure Net, but I am sure you could find out and my bet is, that it is a very significant number.
I think that many of us share your frustrations and its about time we joined together and formed an alliance to fight this type of abuse.

 

[diggummup]

Re: I'm Pissed!!!

Here is the statute for your state-

North Carolina General Statutes § 14-280.1 Trespassing on railroad right-of-way

(a) Offense. A person commits the offense of trespassing on railroad right‑of‑way if the person enters and remains on the railroad right‑of‑way without the consent of the railroad company or the person operating the railroad or without authority granted pursuant to State or federal law.

(b) Crossings. Nothing in this section shall apply to a person crossing the railroad right‑of‑way at a public or private crossing.

(c) Legally Abandoned Rights‑of‑Way. This section shall not apply to any right‑of‑way that has been legally abandoned pursuant to an order of a federal or State agency having jurisdiction over the right‑of‑way and is not being used for railroad services.

(d) Classification. Trespassing on railroad right‑of‑way is a Class 3 misdemeanor. (2000‑146, s. 10.)

 

[diggummup]

Re: I'm Pissed!!!

Thanks to all who replied!! I went back and took pictures! No signs! There is alot of construction going on for the new I 85 bridge. I will call the courthouse in he AM to find out what I can do to resolve this asap.. Thanks for the support!!

How close were you to the tracks when the cop "came out of nowhere"?

 

[lostcauses]

Re: I'm Pissed!!!

"There is alot of construction going on for the new I 85 bridge."

May be laws in your area about such also..

 

[fieldslayer]

Re: I'm Pissed!!!

Sorry to hear this Jeff. This really sucks ! That over zealous , so call officer , was way over the top to sieze your detector ; trespassing or not. It's not like a lethal weapon ,or anything rationally a threat ! ....Gotta wonder if he's found much with it yet. If they refuse to return it , I would notify all the TV , newspaper , media , I could to draw attention to the incident and let them squirm to try and defend their actions and "good name". Reporters love to cover stories like this , and I've seen this so many times get results. Hope it doe'snt come to that , however. Best of Luck........

 

[lostcauses]

Re: I'm Pissed!!!

I am reading a lot of advice on this thread. More attention such as news papers etc may force the hand of the judicial system.
As of now I would advise talking with lawyer.
Confiscation of detector is usually done on a historical site or archeology site. Hence why I advised you to find out is the area is listed as such.

 

[Tom_in_CA]

Re: I'm Pissed!!!

While it is true that RR property is private property, so too is shopping centers (the mall, Kmart, etc....). And and such, if you've ever noticed at the start of any shopping center parking lot, is usually a sign, or brass plaque imbedded into the asphalt (that no one ever reads) saying something like "right to pass revokable by owner ..." blah blah.

To the extent that RR's right-of-ways are private property, I would agree with poor-hunter on this one: they are just generally ignored, unless someone was being a nuisance (setting up permanent camp alongside there, or laying on the tracks for fun to stop trains, etc....). I mean, in my city, people/pedestrians cross the tracks all the time as a short-cut (as they run through the middle of our town, alongside vacant lots and such.

I suspect that 28138digger's situation is QUITE the exception. I mean, so too do we sometimes read newspaper stories of a motorist who got "roughed up" by an overzealous traffic cop, for nothing but a tail-light out. Sure, it *might* happen. But I think that it's going to take 1000000 persons crossing or md'ing or whatever a RR track, before a situation like this occurs. There simply must have been something else going on (some sort of historic monument there), and NOT simply because "it's RR property".

 

[Killer Angel]

Re: I'm Pissed!!!

There was no reason to take the detector. The crime isn't metal detecting. The crime is being in a location without authorized permission, trespassing. The detector has no connection to the crime you are charged with. As evidence it has no value. It neither proves or disproves the case one way or another.

To wrap your mind around this, instead of metal detecting let's say you were smoking a cigarette while trespassing. Does the the cigarette prove you were trespassing? Would it be evidence against you? Of course not!


The message here is, they stole your metal detector.

Go get it back!

 

[NaturalJWL]

Re: I'm Pissed!!!

This could have something to do with it.

http://www.trading-ford.org/stoneman.html


The Battle at the Yadkin Bridge

______________________________________________________________________
UNION PRISONERS OF WAR CROSSING THE YADKIN RIVER ON PLATFORM CARS
Toward Salisbury, N. C., February 24, 1864, Robert Knox Sneden
Six miles east of Salisbury, the railroad bridge over the Yadkin River was vital to rail transportation for the Confederacy, and was a strategic target for the Union. Perhaps as early as 186354, construction of earthen fortifications to guard it had begun. These fortifications, on a high bluff on the north side of the river covered the entire hill, now bisected by modern highways. They protected the railroad bridge and Locke's (Beard's) bridge, as well as roads east. The high bluff provided both military superiority and a commanding view. Certainly, the fortifications were extended in anticipation of Stoneman's arrival.

In the summer of 1864, Capt. George W. Kirk led a band of raiders from Morristown, Tennessee into western North Carolina. "He did not accomplish the principal object of the expedition - that is, the destruction of the railroad bridge over the Yadkin River; but made arrangements to do this secretly, it being impossible for him to do it by force."55

These secret arrangements may have been with a band of deserters and Union sympathizers in Yadkin county. On February 12, 1865, Bradley T. Johnson in Salisbury reported: "It is said that a large number of deserters are collecting in Yadkin [county] for an attack here. A few cavalry will disperse them." 56

A report by Brig. Gen. Davis Tillson, April 9, 1865, noted the importance of destroying the Yadkin bridge: "At Boone information was received that General Stoneman was at or near Wilkesborough, N. C., on the 30th ultimo, moving down the Yadkin River, with the supposed intention of destroying the important railroad bridge over the Yadkin River." Tillson noted that if Stoneman were unable to accomplish this, his own forces would do so.57

Gen. P.G.T. Beauregard had prepared for Stoneman's approach. On March 31, 1865, he ordered: "Be careful enemy do not destroy railroad bridge across the Yadkin. Protect it with field-works. One or two batteries have been ordered to you."58 On April 3rd he added: "Light battery at Yadkin bridge must be placed on south side of river should proper positions be found."59 This order was re-iterated, too late, on April 12th: "Yadkin bridge should be well guarded on both sides, especially on south side now."60 On April 6th, Beauregard advised "the immediate construction of tetes-de-point at railroad bridge on Yadkin and Catawba; also at nearest fords to each said bridge."61

The fortifications were said to have been laid out "by a Lieut. Beauregard, a nephew of the late general."62 Originally known as Camp Yadkin,63 over the years they have been called Fort Beauregard,64 Fort York, and York Hill.

"General [Zebulon] York of Louisiana, with ten or twelve hundred men - Home Guards and 'Galvanized' Irish - defended the bridge."65 "York was getting well up in years, and having lost an arm he was known by the sonbriquet [sic] of 'One Wing York.'"66 C.D. Simmerson's eye-witness account numbers the Confederate troops at 10,000,67 but Beall's estimate is probably more accurate. According to Simmerson, Captain Frank Smith, of Alabama, and Capt. Henry Clement commanded Confederate troops at the fort.68 "Two of the biggest Confederate cannons had been placed to control the approaches to the railroad bridge, Mr. Simmerson said, and these big guns mowed down trees on the Rowan side of the river...."69

If Stoneman had any hopes of a surrender at the Yadkin, they were dashed when "York sent him word that he would hold the works against 10,000 Yankees."70

Col. John K. Miller's brigade arrived at the river about 2:00.71 Miller's brigade was made up of the 8th Tennessee and 13th Tennessee,72 and numbered 1,000 men.73 A Union officer approached the bridge on horseback to survey the situation. "The officer was promptly shot off his horse."74 "At the first advance, so the older inhabitants say, sixteen of the blue coats were killed or mortally wounded."75

Miller sent back to Salisbury for the artillery, which arrived about 3:00.76 Stoneman's artillery battery carried with them four Parrott guns (Peter Cooper, Professor of Anthropology at Catawba College has found a fragment of Parrott shells at this site), and possibly a few other pieces.77 "18 pieces of artillery with caissons, forges, and battery wagons complete"78 had been captured earlier in the day at Grant's Creek. Both Confederate and Union forces had access to the ammunition at the Salisbury armory. The stage was set for an all-out artillery assault - the Union blue on the south (Rowan) side of the river, the Confederate gray on the north (Davidson).

Margaret Beall Ramsey recorded, "A strong force concentrated to attack this railroad bridge. Heavy cannonading at the river bridge continued until dark [7:30].79 The raiders, thinking the bridge too strongly fortified returned to Salisbury, destroying the railroad as they went. A few Confederates were wounded, and one or two killed."80

The Confederates "had their well-placed cannon, shooting solid shot of great dimension, backed by withering rifle barrage from their impregnable fortress, so that Stoneman's men gave up their assault as a bad job and turned back ...."81

One Tennessean who was there called it "a sharp fight which compelled them to retire."82

The following morning, "Stoneman's pursuing cavalry was coming back to Salisbury after a battle lost. But no wild cheers, no war whoops of victory marked their return to the town. General Beauregard's defenders had saved the Yadkin River railroad bridge."83

Brenizer wrote that it was "a remarkable thing to relate that 'THEY DID NOT BURN THE BRIDGE!''"84

Several days later, Robert Herriot, of Bachman's (German) Battery, described the battle's aftermath: "... In proceeding South we crossed the Yadkin River on the railroad bridge, which was planked. The river is deep and narrow, with high banks at the bridge, and here was done most of the fighting when Stoneman was repulsed. There was much debris lying around - broken caisons and limbers, dismounted field pieces[.] I noticed one piece that had been struck on the edge of the mouth and dismounted."85

The two forces were fairly evenly matched in number and firepower. But the Confederates held the advantage of position and fortification. The earthworks of Camp Yadkin stood the test, and provided the Confederates with their last victory in North Carolina.

 

[Tnrelicman]

Re: I'm Pissed!!!

Sorry to hear about the guy taking your detector, I work for Norfolk Southern and my regular run is TN, to Ashville,NC. I'm not sure how close to Ashville you are, but I do know the guy that works in the Ashville area is a jerk!! I take my detector on the train with me all the time and swing when I get delays, I have never been approached by anyone with a problem, but I'm not to concerned being an employee.
We see alot of people on the tracks, most are harmless, people going fishing, or just place to place, also alot of homeless camps, and many right on the outskirts of Ashville along the tracks, thats where I have seen this guy. Also understand we run over tons of things on the tracks, including people, nothing is worse than hitting a kid walking down the tracks listening to his MP3 player and there is nothing you can do.
My advice....find out where this guy works out of, research the building he works at, and go knock on the door and explain to his boss the situation, don't try to fight this company in court, the RR gets what they want, when they want it, always have, always will. Anyway thats what I would do, if you can't find where he is at, pm me some location info and I will ask around.

 

[High Plains Digger]

Re: I'm Pissed!!!

The RR thing is really bad, but you Easterners could have it worse: Federal property. To the best of my understanding, they can sieze the detector, probably your car, shoot your dog, and probably arrest you. Well, maybe not the dog, but don't rest too easy.

I have been detecting in an area with private land (have permission) an agracultural test area (ok to dig--meteorites) and Federal grasslands (hunt for meteorites, but cannot dig. If you are near a foundation or archaeological area, the above siezure information applies.) Now, 9 times out of 10, you don't even know you are in an archaeological area (and a 1920's farmhouse foundation is one) without some signage or you stumble on a small patch of concrete rising out of the dirt an inch or two.

By the way, the siezure information came from the mouth of the Ranger, so I make a distinct effort not to do the Fed. grasslands, even if there is a rocky ridge where digging for meteorites would not be necessary. Even though digging for meteorites it legal, detecting near a foundation is not. It is legal to pick up agate and petrified wood, but if it has been chipped at all, you have stolen an archaeological artifact. Invertibrate fossils are legal to take, but if it had a backbone, you are on your way to jail.

Ok, I am through venting now. So ya'll, stay off railroad property and Federal property. Fair warning.


My only question, does this apply to Federally owned beaches??

 

[mrs.oroblanco]

Re: I'm Pissed!!!

Really, it does depends on what kind of Federal land. Back east - games lands cannot be metal detected on - easterners have very little "public" land they can play on - in the west - Texas is the worst. BLM is federal land, and you can detect on it, assuming it is not withdrawn for one reason or another. Also - even on some withdrawals, if you are looking for minerals (precious, usually), they often make exceptions. Of course, those Sierra Club and Nature's Conservancy folks are trying to stop THAT.

Also, states that like to arrest people for detecting on the beaches - or for homeowners on a beach trying to get you arrested - not legal.

From high tide out - is not state land, nor does it belong to the owner of the beach homes. People HAVE been arrested, but, when taken to the Supreme court level - have gotten charges reversed/dropped.

Each case is its own circumstance.

Beth

 

[trixie charger]

Re: I'm Pissed!!!

Sooo I know the RR owns 25-50ft on and past the Tracks. But does that mean we need the Written or verbal permission to cross at a RR track crossing on a Road or is it just implied If it is implied then how can they enforce it when all you need to say is I was crossing the tracks!!!! Ps. I know some guys that work for NFS in Linwood!

 

[ivan salis]

Re: I'm Pissed!!!

is not meant to imply "private crossing" * note that you were you were on a trail that goes arcoss the tracks --a "private crossing" area * (which is clearly stated as exempt by law) -- you see there has to be a way to legally cross rail road tracks (by crossing the tracks --you are effectively on rail road company property ) how else can one travel from one side of the tracks to the other? -- if railroads have total legal control of when and where you can cross their land --what if they only placed a legal "crossing point" every 100 miles or so? --thus you MUST be allowed to cross the tracks "as needed" within reason .

also make sure that the judge knows that YOU WERE NOT REMOVING ANY RAILROAD METAL OR EQUIPTMENT OF ANY TYPE * as you know that is both illegal and is morally wrong as its * theft of rail road property -- that you were looking for old coins and such , just passing a bit of time , trying to relax a bit doing your hobby..

 

[Killer Angel]

Re: I'm Pissed!!!

Also, states that like to arrest people for detecting on the beaches - or for homeowners on a beach trying to get you arrested - not legal.
From high tide out - is not state land, nor does it belong to the owner of the beach homes. People HAVE been arrested, but, when taken to the Supreme court level - have gotten charges reversed/dropped.
Each case is its own circumstance.
Beth

it's usually the beach towns that are a problem. Each town has it's own rules. They limit access usually throgh lack of parking or lack of public bathrooms. They will tell you that they own the beach. That is, until a Nor'easter or Hurricane wipes out the beach, then it's everybody's beach and everybody's financial responsibility to rebuild it. Just the way it is.

 

[poorhunter78]

Re: I'm Pissed!!!

I as some of you know am in WV. I was talking to a close friend last nite who lives right beside the tracks. And I can guarrantee since I have been to his house that if it is a 50 foot right of way then the part of his yard is in the domain of the tracks, Where we grilled out as a train cruised by. He also said he has witnessed people walking the tracks get stopped by authorities. Now I can't tell the outcome but Maybe we should all search info on this for our own home states. Better to be safe then sorry. I know of roads that are traveled running on the gravel right beside the tracks, As this is the only way to get to the destination!

Hope all works for the best in your case 28138digger!

 

[Daedalus]

Re: I'm Pissed!!!

If it was not posted in plane site then get a Lawyer , If the man who picked you up was not an officer of the law then he can be held for taking your machine. Not the Cop but the man who took it.
You need to call a Lawyer and get advice on this .

So talk to some one in your State that can give you legal advice or go to court with you. I have found that many company's do not follow the law and over step there bounds .

 

[oldcoon]

Re: I'm Pissed!!!

I could handle the summons for trespassing. That would be a chance I would risk. My apologies to any law enforcement personnel and/or security persons reading this, grab my detector and you just made a bad career move. A very bad move.