Im Pd!!!

[Treasure_Hunter]

I am a fiber splicer and yes,a cut can ....and will cost you tens of thousands of $$$$ depending what type of trunk you cut.
Because land is not posted or fenced doesnt mean jack,if it aint yours ts somebodies,and if you dont have permission you are a bottom feeder

Your correct Kuger. I have been on many fiber cuts. it is a major operation..... The fiber I worked on was a major feed between St Louis and Kansas City. We had OC48's on it and it was carrying major traffic to the west coast...We had over 6 working transmission systems on it.....

 

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[panhandler]

here in pensacola we have a graffiti bridge that people are encouraged to write on and we walk over the bridge and tracks about 50 yds to get to a small island in the inlet trains come and go worst case jump in the water about 20 ft down or so no tresp signs here or enforcement by john law

 

[Treasure_Hunter]

Railroads do not need to have no trespassing signs up. Just be advised it is trespassing and you are subject to fines if they wish to pursue it.

Don't need anyone thinking its okay from reading this thread then complaining on here they read it was okay why were they fined..It is trespassing in all states and you can be fined.

 

[lookindown]

Wait a minute. You don't even live in our country. You live in Florida. I've been there. What area of Cuba were you from?

So you live in Texas...what part of Mexico did you come from?

 

[Treasure_Hunter]

ROTFLMBO...

 

[Tom_in_CA]

Railroads do not need to have no trespassing signs up. Just be advised it is trespassing and you are subject to fines if they wish to pursue it.

Don't need anyone thinking its okay from reading this thread then complaining on here they read it was okay why were they fined..It is trespassing in all states and you can be fined.

TH'r, sure, ".... if they wish to pursue it". So too can the same be said of spitting on the sidewalk in NY laws. If someone "wished to pursue it", sure, they could "throw the book at you" for doing that too.

Just curious: can you tell us of any such incidents of anyone getting ticketed, fined, roughed up, etc.... for md'ing (or walking or whatever) alongside RR tracks? Barring this anomoly of this thread? Sure: if someone sets up a pup-tent to permanently live besides the RR tracks, then yeah, they can and would roust you. Granted. I just don't see this occurance as anything more than an anomoly, that ..... true .... if you worry long enough and hard enough "anything can happen".

 

[Treasure_Hunter]

TH'r, sure, ".... if they wish to pursue it". So too can the same be said of spitting on the sidewalk in NY laws. If someone "wished to pursue it", sure, they could "throw the book at you" for doing that too.

Just curious: can you tell us of any such incidents of anyone getting ticketed, fined, roughed up, etc.... for md'ing (or walking or whatever) alongside RR tracks? Barring this anomoly of this thread? Sure: if someone sets up a pup-tent to permanently live besides the RR tracks, then yeah, they can and would roust you. Granted. I just don't see this occurance as anything more than an anomoly, that ..... true .... if you worry long enough and hard enough "anything can happen".

Tom, besides this one seems to me we had a post a couple years or less back where a member was ticketed for it, but could have been on another site as I have belonged to all of them....

Here is the difference in your case, what will spitting on the sidewalk cost you if they want to persue it. Less than a $100, what will trespassing on railroad property cost you if they want to persue it, hundreds of dollars at a mininum, and you had better pray you haven't damage any cable on the easement, or they find a cable damaged by someone else as they will blame the person caught there... Not sure why some members say dont hunt a persons private property with out asking it is wrong, yet say its okay to hunt railroad property which is private property..........

Here is what I am positive of.... Railroads are private property, the same as any private property when your on it your trespassing..... It isn't like hunting city parks, county parks, beaches or state forests, it is private property....They can fine you, but the danger of fines does not end there....

There are private easements on railroad property that phone companies use for fiber optics. Can you damage this cable digging with your hands, no, can you damage the cable digging with a small spade or a trowel like we use for land detecting, yes you bet you can. Fiber optic cable has a metal wire in it for locating.....Even a small hole cut into the cable while digging that signal your detector gave you for the metal wire in it that does no damage to the fibers costs in the high hundreds of dollars to repair, cut or damage just one single fiber, and the costs run in the tens of thousands and goes up from there and you had better believe if there is anyway at all to pass that cost off on someone they will do it. We had lawyers that was their only job, they were paid a yearly salary, didnt matter if they had 10 cases or 1000 cases a year so they had no problem going to court.

I have worked on maybe 15 fiber cuts in my life, every single one of them where someone damaged the cable that was on an easement were persued legally....the small ones were in the $100 k, the largest one I knew about was 2.5 million $, the farmer did not have enough insurance to cover it and they took his farm and sold it to cover the damage... He was stupid, he had sold the easement to a gas company, found out it now contained fiber and wanted more money, he was told the easement was bought for life and he would get no more money so he cut it....... By the time it was repaired the bill was more than his insurance would cover...

Back then I worked for a different phone company and for 16 years, part of my job was riding my fiber route every day, the route was 125 miles and included railroads. Anyone on my route that was doing any digging of any type with out permission was told to leave, if they refused or gave me a hard time I called the law. I watched a police officer give one man 3 different tickets because he was on the easement digging, he refused to leave and so I call the police..... He thought he had ever right to be there and argued about it, he found out he was wrong. He got a ticket for trespassing, one for endangering utility worker, and one for endangering public utilities... His fines were over $1000, and he lost in court and had to pay...

If someone wants to hunt railroad property that has lots of iron slag, iron trash or other trash they will do it, but don't think you have a legal right to be there, or that your safe from being fined.... It is like illegally hunting the 1715 leases, you get away with it till you get caught, just don't think it will be just a tiny slap on the wrist if someone wants to get nasty with it...

 

[New Orleans Relic]

In Louisiana, I understand we have a servitude or easement 5ft around the perimeter of all properties that you cannot build on. It has to be left open for utilities. Unless easements are different, they can't be sold. Its my land.I have to maintain it. Just can't do anything with it. Even a garden is unlawful.
Just curious. The gas company bought it for life? What life is that? I realise its complicated.
Someone posted about a 25-50ft area on the side of tracks being easement. Is that both sides? I'm about to hunt a lake shoreline here with rr tracks about 30 ft. from the shoreline, and want a understanding. Harbor police don't have a clue! There are rail trestles over water often posted; "no anchoring ". I know "over water" is another topic. Probably the Jones Act, which lawyers love!!

 

[Krosp1718]

In Louisiana, I understand we have a servitude or easement 5ft around the perimeter of all properties that you cannot build on. It has to be left open for utilities. Unless easements are different, they can't be sold. Its my land.I have to maintain it. Just can't do anything with it. Even a garden is unlawful.
Just curious. The gas company bought it for life? What life is that? I realise its complicated.
Someone posted about a 25-50ft area on the side of tracks being easement. Is that both sides? I'm about to hunt a lake shoreline here with rr tracks about 30 ft. from the shoreline, and want a understanding. Harbor police don't have a clue! There are rail trestles over water often posted; "no anchoring ". I know "over water" is another topic. Probably the Jones Act, which lawyers love!!

I wonder if I'm thinking of the same place you are. A handful of miles northwest of Kenner? The 6th Michigan walked up those tracks to get to and sack Ponchatoula in 1863. Some of that shoreline out there might be worth a look.

 

[Tnmountains]

Ok I just googled this "tennessee state law about metal detecting around railroad tracks" because I do often and it gave me the link back to Treasure net,,haha. I used to build rail road bridges and work train wrecks. Those rail road dicks are a mess. If you were homeless you could have kept the detector. Tell them it is your main source of income and they will have to return it.

 

[Jarl]

That sucks! I am paranoid of signage, am overly cautious where I go. Man, just be careful and remember, at this point, anything could have been much worse. Just keep cool about it for the sport.

 

[austin]

So you live in Texas...what part of Mexico did you come from?

Sorry I got banned for being a bad boy and couldn't answer for a bit. Hey, Texas was a part of Mexico for a long time. Most of our new inhabitants think it still is. But ME? I don't know. I just get up every day, fire up the Chevy, go have my breakfast tacos, still chase latinas although now, at 64+ it is getting harder, the chasing not the other thing, pet my kitty Gatita Rosita, say hello to my homey Little Frog, read my La Prensa newspaper, grab my Lone Star(food stamps) card, buy a couple of 6 packs, turn on Lucha Libre on TV, decide which tattoo would look good on me, pretend to look for work to get my unemployment, go to Walmart to buy another throw away phone for when the bill collectors call, shoplift the new Shakira CD and then drive 35 mph on the freeway. What part of Mexico you ask? This part hombre.

 

[eolson3]

I admit, I am a wee bit drunk at the moment. Wife has been gone longer than I expected and I have have had to much rum after going though a few boxes of coins. But I feel like this this is exactly what is ruining our country. No one is allowed to explore and create/ find stuff without fines and laws preventing them. If you are in the wrong, what is wrong with just being told to move along? I also just found out that a "Law" has been passed that bans metal detecting in any forest preserve in my main hunting ground. There goes years of research, tons of trash that wont be removed by myself and other detectorist. I feel for you brother and wish you the best. Let me know how it turns out.

 

[Wichkans]

WOW

OK here's what happened. I got off work a little early and decided to try hunting around the RR bridge at the Yadkin River.. I was there about 20 mins and a Norfolk Southern Police Officer came out of nowhere! He told me to stop what I was doing. He proceeded to tell me I was trespassing.. I told him that I wasn't aware of that, I saw no signs and I was on what I thought was a path.. He grabbed my detector out of my hand and said that I was coming with him.. I proceeded to try to get my detector back not being belligerent or anything! I followed him to his car and he started making a phone call.. Me standing there the whole time looking like an idiot!! He finally got out of his car and said I would have to wait until the Local Police got there.. I asked him what was the problem.. He said he was sick and tired of having to come to the bridge for people metal detecting.. He had better things to do.. The local police (East Spencer PD) showed up. They talked and the ESPD issued me a summons for trespassing! I asked about my detector and he said he is going to hold it for evidence.. Now I gotta go to court!! I cant believe this!!!

WOW! Now what planet did you say this took place on?

 

[Phanntom]

The railroads are the largest landowners in the US. The taking of the detector was likely more harassment than anything since you were cited under tresspassing not antiqities statutes. As was mentioned in an earlier post it's evidentury value is non-existent as it proves nothing either way and you'll get it back once the case is fully adjudicated.

I suspect the problem is two-fold. Given I believed you mentioned you were detecting around a bridge...if you look closely in the trees you may find hidden security cameras. Many have been discreetly installed around a lot of infrastructure since 9/11...if you recall...someone blew up a railroad bridge derailing a train in the desert shortly after 9/11. If that's the case and coupled with the theft of copper lines he probably does have to make a lot of trips down there to run people off whether detecting, hunting, swimming etc.

And don't think for a minute that railroad cops are just security guards. Unless rules/laws have changed...they have more power than your city cops...they're bound less by the constitution. Don't know if it's the case still...but even in the 50's and 60's....they'd beat hobo's with pipes...many of whom died from their injuries...all under the guise of protecting railroad property.

IF the judge is acting really harsh and tells you "ignorance of the law is no excuse", as him how many law clerks he has...he doesn't know them all himself...they pass about 17k new laws each year...no one can keep up with that year after year.

Good luck, hopefully the judge will see it as an annoyance to his day.

 

[Phanntom]

Write everything down exactly as you recall it happening. Exactly. He has no right to just grab your property without conducting an investigation. And declaring that. If there was a path, with no signs, your allowed to use it. Metal detecting is not illegal, and you should get yourself a good attorney and make him and the local cops look like *******s.

Someone posted the state statute above and the only exemption is for a public or private thorofare, probably defined as a public road, or private road. Just because there's a worn footpath that's likely on private property doesn't make it a public crossing exception.

I've noticed a number of people have touted the idea of hiring a lawyer to fight it. Paying for a lawyer will likely cost more than a top of the line detector and I'm not sure how much good he could do. If it were the state bringing charges he could take time to talk to the D.A. and try to work a deal for a plea to a lesser charge, but where do you go from simple tresspassing. In addition, it wasn't the state making the charge, it was the railroad cop. The D.A. simply has to prosecute it on the railroads behalf.

If I were an attorney and you came into my office I'd probably tell you not to spend the money because you were caught red handed and there's nothing to reduce it too, about the only thing you can do is either plead "not guilty", which you are, so how do you defend it, or "guilty" and ask for the mercy of the court. On a piss-ant case like this, trying to take it to trial would just be viewed by the court as a waste of their time and "after" you were found guilty, either by judge or jury...you're more likely to get the top end of sentencing options. Sometimes decretion is the better part of valor.

 

[Scooter268]

I'm Pissed!!!

In Louisiana, I understand we have a servitude or easement 5ft around the perimeter of all properties that you cannot build on. It has to be left open for utilities. Unless easements are different, they can't be sold. Its my land.I have to maintain it. Just can't do anything with it. Even a garden is unlawful.
Just curious. The gas company bought it for life? What life is that? I realise its complicated.
Someone posted about a 25-50ft area on the side of tracks being easement. Is that both sides? I'm about to hunt a lake shoreline here with rr tracks about 30 ft. from the shoreline, and want a understanding. Harbor police don't have a clue! There are rail trestles over water often posted; "no anchoring ". I know "over water" is another topic. Probably the Jones Act, which lawyers love!!

Just to give you a heads up for the Louisiana Folks. There is nothing in law anymore about "posted" or "no trespassing" having to be setup for you to see. Reason it was taking out of the statue was due to people pulling down the signs and saying "No signs were up". So now the way it is seen now is: Unless its yours, you can not go on it without consent from the owner.

http://www.legis.state.la.us/lss/lss.asp?doc=78584

Here in Terrebonne/Lafourche, they call it a servitude also, but its more of a right away for them to access drainage, water, gas, electrical, and other buried lines. Example, I own all the way up to street but there's a drainage ditch. A call to the parish and with the purchase of culverts they will install them. Then I can cover the culverts and pour cement on it. Now, I can't extend my fence since the parish has the right away to maintain the culverts. So if the culverts collapse, they come and reinstall them w/o cost. But down here, they cut the ditches, the servitude area, clean them out, and vacuum out the culverts. But I guess it differs from parish to parish

I am wondering though, what's up with some of the out of state law enforcement (not La). I mean, geeze, we have stuff written in our policy and from our local DAs office about having and USING discretion and with regards to minor offenses. Lets say your in a vacant field just BSing with the detector, owner calls me, throws a fit like you just crapped in his cereal, and wants action. Here's the only 2 things I will do. Tell you to leave and tell the complainant he can go get the report in 7-10 days and then file trespassing charges at the DAs office or just issue a summons to appear in court. No searching, no seizing of detectors. Hell, there isn't probable cause for a search. Maybe reasonable suspicion (but no PC) at the very minimum, which in my book is NO SEARCHING. But our laws are different here in La. I feel for those living in Ca, Ny, and a few others. I've read some things that happen which is totally BS.

.



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[Tom_in_CA]

..... Just because there's a worn footpath that's likely on private property doesn't make it a public crossing exception ....

Ok phanntom, let me see if I've got this correct, you would never step off the sidewalk (like in the pix here) , right?

 

[digging440yrs]

B U L L S H _ _ !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! SORRY MAN

 

[CoinFetcher]

Do we all need to listen to more Woody Guthrie?

"As I was walkin' - I saw a sign there
And that sign said - no tress passin'
But on the other side .... it didn't say nothin!
Now that side was made for you and me!"

MDing is different than just Traversing a property. But, the discussion has brought us here. IF you are traversing across a piece of land, or swimming in a lake. Private, or not. Get off my case.