# Hunting railroad tracks



## woodsrat (Jan 4, 2005)

Doesn't look like too many people are fond of hunting along RR tracks. 

Hunting on RR property brings about arguing with adjoining landowners about who should be on what property. That seems silly. That type of behavior (arguing) gives hunters everywhere a bad name. I think that is what Deerslayer was trying to get at (whether it was worth the hassle because people don't understand the whole RR thing). Not trying to put words in his mouth, but that's what it sounded like. And he had permission from his employer, the railroad, to be on the property so he wasn't trespassing.

Most RR tracks are not simple easements like power/utility company easements. Many, many RR grades have been around for over 150 years and were in place before the property was even platted and deeded to private property owners. That is what I was getting at, the RR is different than the power company in that respect, different from ABC manufacturing that owns 100 acres and lets its employees hunt it. They were originally allowed by the government to do whatever they needed to do (including grab land) to ensure the success of the RR's. Sometimes, special laws had to be made to make sure that happened. They did not acquire the land the same way that other private companies do today.

Duckman, I live in White Cloud, I don't work here. And you will find that most municipalities have tracts of property. Look at your plat book. Schools, cities, townships etc. own lots of property.


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## deerslayer#1 (Nov 8, 2004)

Wrenchman, I gaurantee if you cut a tree down on rr property, it would cost you dearly. Read your page again, you only need permission from the adjoining land owner to hunt the ROAD right of way. And as far as insisting on tickets being written, I'd pay attention to the hunter harrasment laws, if I were you!! 
Although I do appreciate your comment, as this was to let me know what sort of people I'de be dealing with!! Thanks

Woodsrat, 
Your right, that is exactly what I'm getting at>


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## wrenchman (Jun 23, 2003)

first off you still have yet to read the regs they are on page 43 the part that says if the adjacent propert is privatily owned you must have permission frome the land owners 
like i said you must be hunting frome the tree growing threw the track.
lets face it you pulled this idea frome you but.
were are you hanging the tree stand if the property on both side up to the right of way is private ?
It would be mine.
so the most i can say is you hang your stand in the wrong spot you now no just what you will get.
I will think of you next seasen when i read about you in the news.


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## autumnlovr (Jul 21, 2003)

I *KNEW* this would be a hot topic when I first saw it posted! I'm just glad that a large number of people are getting educated about RR right-of-ways and trespass laws in general. Thanks for posting Deerslayer#1. But, as someone else stated, I'd be sure that the person who gave you permission had the authority to give that permission. I'd hate to see you lose your equipment due to recreational tresspass rulings. :yikes:


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## deerslayer#1 (Nov 8, 2004)

Wrenchman, 

Very interesting trying to read your opinion!! If you dont mind, get some one to read 
to you, whatever it is you are trying to figure out!! Somewhere between road right of ways, and railroad right of ways, you are getting a little off track. (No pun intended)
Although your comments are greatly appreciated!!
Just to let you know, trees dont grow between the tracks. However, the right of way on a railroad can be several acres. 
Also, you wont need to wait till next year to read about me in the newspaper!! Seems like everytime somebody that cannot read the words RR crossing or stop, seem to end up in front of my train, and yes you can see me in the paper. Keep that in mind !!


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## deerslayer#1 (Nov 8, 2004)

Autumnlovr, i'm sure.


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## plugger (Aug 8, 2001)

Rail roads are different than other easements because the RR owns the property.


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## Munsterlndr (Oct 16, 2004)

plugger said:


> Rail roads are different than other easements because the RR owns the property.


If the railroad is active, in most cases, they own the land that the tracks are on, but because in most cases the land was taken through eminant domain, if the tracks are legally abandoned, the ownership reverts to the original deed holder. 

The exception to this is if the tracks are "railbanked" for future use. Then they can be used for alternative purposes than they were originally taken for. There has been a lot of class action litigation over fiber optic and other utility lines that were run along abandoned railway lines. Even though the railroads had sold a license to the utility companies, because of the abandonment issue the property actually belonged to the adjacent property owners that it had originally been taken from and the utilities had to pay big bucks to settle the lawsuits.

___________________________
Munsterlndr
Curmudgeon in Training.


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## boehr (Jan 31, 2000)

Thought this state law might be of interest to this discussion.

RAILROAD CODE OF 1993 (EXCERPTS)
Act 354 of 1993
AN ACT to revise, consolidate, and codify the laws relating to railroads and their employees; to prescribe powers and duties of certain state and local agencies and officials; to prescribe fees; to create certain funds; to provide for the disposition of certain money; to provide remedies and penalties; and to repeal certain acts and parts of acts.
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994.
The People of the State of Michigan enact:
462.101 Short title.
Sec. 101. This act shall be known and may be cited as the "railroad code of 1993".
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994.
462.273 Walking, riding, driving, or being upon or along right-of-way or yard; permission required; right-of-way defined; being upon, entering, or damaging buildings, rolling stock, or equipment; applicability of section; violation as misdemeanor; penalty. 
Sec. 273. 
(1) Except in the case of a right-of-way designated as a demonstration snowmobile trail in section 82126 of part 821 (snowmobiles) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.82126 of the Michigan Compiled Laws, a person shall not walk, ride, drive, or be upon or along the right-of-way or yard of a railroad company operating its lines within this state, or go upon or cross the right-of-way or yard at a place other than a public or private crossing, unless having first obtained written permission from the owner or occupant railroad, its agent or servant. 
(2) For purposes of this section, right-of-way means the track or roadbed owned by a railroad and that property owned by a railroad which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing, the existence of railroad tracks, or appropriate signs. 
(3) A person shall not be upon, enter, or damage any buildings, rolling stock, or equipment of any railway company operating its lines within this state. 
(4) This section shall not apply to any of the following: 
(a) Passengers on trains or employees of a railroad company while engaged in the performance of the duties of their employment. 
(b) An authorized representative of the railroad employees. 
(c) A person going upon the right-of-way or tracks to save human life or to protect property. 
(d) A person going or being upon or in the station grounds or depot of the railroad company as a passenger or for the purpose of transacting business with the railroad company. 
(e) A person, members of his or her family, or his or her employees going upon the right-of-way or tracks for the purpose of crossing from 1 part to another of a farm he or she may own or lease, where the farm lies on both sides of the right-of-way. 
(f) A person having written permission to go upon the right-of-way or tracks granted by the railroad company, a person using officially abandoned rights-of-way for recreational purposes, the Michigan public service commission, the state transportation department, the interstate commerce commission, or the federal railroad administration. 
(g) A registered land surveyor or his or her employees for the purpose of making land surveys. 
(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or by a fine of not more than $100.00, or both. 
History: 1993, Act 354, Imd. Eff. Jan. 14, 1994 ;--Am. 1996, Act 93, Imd. Eff. Feb. 27, 1996 .


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## deerslayer#1 (Nov 8, 2004)

Thank you!


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