I just wanted to let every one know a 65 year old customer and his girlfriend was issued a trespass order from Cape Rail Inc for crossing the train tracks, to go to his fishing spot. This means the only access to the entire cape side of the Canal is The Sagamore /Basin access or Bell Rd.

I'll I have to say is Cape Rail you Suck

Screw them! They are gonna have to be handing me mine at 4:00am!!:fury:

Don't their F'in tracks cross our roads etc.????

Screw them! They are gonna have to be handing me mine at 4:00am!!:fury:

Exactly my thought Larry

Chance encounter I am guessing! They will not be standing there every minute of every day!!

They will be eating my canal cruiser dust :uhuh:. But they might get me when I stop for some oxygen :fury:.

Amtrak did the same thing here in CT along the Connecticut river. There are a couple places where the only way to access the river is to park and walk across the tracks. They put up no parking signs where the fishermen would park and no trespassing signs along the track. I know it was a big to-do back when it went up about 6 o7 years back, now no one even talks about it. Not sure what came of that as I never really fished the spots that were effected.

I fish many spots that require crossing the tracks. This is pretty silly.

My daughter had to go to court as a teen for trespassing on railroad tracks. It's a big deal. Was going to go on her adult record, but our lawyer worked the strings. I still get really pissed when I think of it. The cop who wrote her up lived around the corner. You can guess what I think of that POS.
The world is being taken away from the common man, everything is illegal these days and everything belongs to corporations. We need to protet this, 5-6 hundred people need to cross the tracks on film for the 6 o'clock news with their middle digits raised. Help me Hank!!

Just keep on fishin'!:uhuh:

unreal...next there will no parking signs lining the canal on that side....with us getting the tickets, thats how they will do it....it just keeps getting tougher year after year.....

Lose more access and see if I "register" to fish next season...."F" em all!

Copy of the trespass order
here is their phone # tell them to F O

Customer Service Direct Line:
(508) 291-0685

Are these the sam guys tthast run the dinner train or is that contracted out?

My daughter had to go to court as a teen for trespassing on railroad tracks. It's a big deal. Was going to go on her adult record, but our lawyer worked the strings. I still get really pissed when I think of it. The cop who wrote her up lived around the corner. You can guess what I think of that POS.
The world is being taken away from the common man, everything is illegal these days and everything belongs to corporations. We need to protet this, 5-6 hundred people need to cross the tracks on film for the 6 o'clock news with their middle digits raised. Help me Hank!!

It is a big deal.......I agree with you and this is not good......one ?...the citation listed wareham as place of incident not bourne....the canal does not go through wareham?????/

I have to frequently cross tracks here in Conn. I think the only time they ticket is if someone got too close to a train and the conductor complainted. Hopefully, there won't be many tickets given out.

The train only crosses the canal 2X per day, correct? Anyone really know?

My daughter had to go to court as a teen for trespassing on railroad tracks. It's a big deal. Was going to go on her adult record, but our lawyer worked the strings. I still get really pissed when I think of it. The cop who wrote her up lived around the corner. You can guess what I think of that POS.
The world is being taken away from the common man, everything is illegal these days and everything belongs to corporations. We need to protet this, 5-6 hundred people need to cross the tracks on film for the 6 o'clock news with their middle digits raised. Help me Hank!!

It is a big deal, how many people get killed walking on , playing on, or crossing tracks.

It is a big deal, how many people get killed walking on , playing on, or crossing tracks.

i'd wager none were fishermen

De-rail their plans.

I just learned the alleged violation took place in the town of wareham.....NOT along the canal...........

OMG. I no believe. Really. I no believe. Unreal. What's next, a clean air tax?

Unbelievable -- I can not imagine what they will do on a Saturday or Sunday afternoon when the cyclists and runners use the canal road. There are more people crossing those tracks in an hour than cars crossing over the Bridge! This could be another nail in the access for all denial process. :fury:

Podgurski is one of the owners of CCRR...... See 2006 entry. Time to publicize this incident, just ahead of their "season." I could think of a few bumper sticker slogans.....

Cape Cod Central Railroad - Railroad History (http://www.capetrain.com/history.php)

Bring on the hover craft !!

Our right to fish is more important

than their Business !

also from ct and big deal here in spots.i think it may some kind of homeland security thing in 1 area i know of amtrac police will ticket.other spot metro police will ticket-metro spot land on road in would call metro because of parking issues on her road and they would come and ticket.thinking like $75 or $80.:wall:

I just learned the alleged violation took place in the town of wareham.....NOT along the canal...........

Same tracks and they said they will enforce in the same manner.
When contacted the police they told me that the RR is well with in their rights to enforce the trespass order.

Same tracks and they said they will enforce in the same manner.
When contacted the police they told me that the RR is well with in their rights to enforce the trespass order.

Then its going to be an intresting summer!!.........:jump1:

Podgurski is one of the owners of CCRR...... See 2006 entry. Time to publicize this incident, just ahead of their "season." I could think of a few bumper sticker slogans.....

Cape Cod Central Railroad - Railroad History



1976 CONRAIL formed. State purchases tracks from Middleboro to Hyannis and Falmouth (CONRAIL provides freight service.)

1982 Bay Colony Railroad takes over freight service.

1982 Cape Cod and Hyannis Railroad begins passenger service (Seasonal and Scenic.)

1988 Cape Cod and Hyannis Railroad dissolved.

1989 Cape Cod Railroad formed to provide tourist passenger service.

1997 Cape Cod Railroad goes out of business.

1998 No passenger service on Cape Cod.

1999 Cape Cod Central Railroad formed and becomes one of the leading Dinner and Scenic trains in the country.

2001 Proposal for "Feeder" passenger service between Cape Cod and Middleboro gains momentum.

2006 Cape Cod Central Railroad purchased by original 1999 co-founder John Kennedy and partners Chris Podgurski, Andrew Reardon, and Ted Michon.

2010 Cape Cod Central Railroad arrests men and women anglers, children, cyclists, joggers, strollers, speed walkers, lobstermen (ooops, lobersterpersons - gotta be politically correct), foxes, skunks, rats, gulls, and squirrels in its valiant effort to promote 2 trains a day.

Time to setup a bike jump or a pole vault. Can't arrest you if you don't touch the tracks can they??

This may be getting blown out of proportion? One isolated incident......it ain't gonna change anything! If a guy approaches me he is gonna get nothing but a chuckle and a "catch me if you can" as I ride away on my bike!:uhuh:

I just got off the phone with John Pearson from Cape Rail Inc. I was informed that they will enforce the trespass order on all who cross their property. 1st time a warning 2nd time arrested and prosecution. I was also informed that this will be for all the property which they control, which is all the rail lines on cape cod. He went on saying there is 3 access points on the cape side and only 3 access points all others are not in agreement with the army corps and are not allowable and any use of these areas are not allowed and will be enforced
If you would like to give John a call his direct # is 401-862-5343
This is going to get interesting.

its going to be a tough fight to keep access if they decide that they are serious about preventing trespassing. if the railroad owns the property and there are not established legal right of ways (which would require standard, ADA compliant pedestrian railroad grade crossings with gates) they can do whatever they want on their land. Amtrak, CSX, etc. are all very strict on trespassing - you have to take a training course just to walk on their property as a contractor. the "i've always cut through here" argument really will not hold any water. they've always had the right to keep people out, they can decide to do it whenever they want. i was actually always surprised that cutting across the tracks was tolerated along the canal.

I just got off the phone with John Pearson from Cape Rail Inc. I was informed that they will enforce the trespass order on all who cross their property. 1st time a warning 2nd time arrested and prosecution. I was also informed that this will be for all the property which they control, which is all the rail lines on cape cod. He went on saying there is 3 access points on the cape side and only 3 access points all others are not in agreement with the army corps and are not allowable and any use of these areas are not allowed and will be enforced
If you would like to give John a call his direct # is 401-862-5343
This is going to get interesting.

If you call a company representative of course they will tell you they plan on enforcing the rules. They will always give you the standard company line. If they didn't they would open themselves up to all kinds of legal issue.

I would just keep quiet on this issue and see if they start really enforcing the rule on a large scale. This may just have been a case of one person being a jerk. Make a big deal out of it and others may start enforcing it just the first guy doesn't look like a jerk. Police will often do this to protect their own. Hopefully this will be a non-issue.

its going to be a tough fight to keep access if they decide that they are serious about preventing trespassing. if the railroad owns the property and there are not established legal right of ways (which would require standard, ADA compliant pedestrian railroad grade crossings with gates) they can do whatever they want on their land. Amtrak, CSX, etc. are all very strict on trespassing - you have to take a training course just to walk on their property as a contractor. the "i've always cut through here" argument really will not hold any water. they've always had the right to keep people out, they can decide to do it whenever they want. i was actually always surprised that cutting across the tracks was tolerated along the canal.

The only way to change it is to cause enough outrage to bring bad PR to Cape Rail. These battles are not won in the courts as the corporations have too much money. These battles are won in the newspapers, on the radio and in the news.

Unless the business is losing money or politicians might lose an election, the little guy can't win.

As Clogston mentioned, they are completely in their right to enforce trespass laws since they own the property. The difference is if enough people get outraged that they are forced to go back to turning a blind eye.

Great, just great....this means the few remaining peripatetic fisherman must either become canal bikers or take up golf....you know the kind I mean, 3-4 rod holders, fuzzy dice on the handle bars, missing seats, sissy bars, and the like. :fart2:

I'm moving to Greenland.

Is it really going to cause any of you to fish any differently than you always have??? I know it won't affect me....not one bit! See you on the rails kiddies!!:rotf2:

Is it really going to cause any of you to fish any differently than you always have??? I know it won't affect me....not one bit! See you on the rails kiddies!!:rotf2:

Have you considered adding a side car to your bike? You drive the bike(with me in the side car) and I'll show you all Tony O's secret spots....

Time to setup a bike jump or a pole vault. Can't arrest you if you don't touch the tracks can they??

Best idea yet!!

another way to look at it is that they have a legal responsibility to enforce trespassing on their land as their operations (running trains down rail) endanger anyone on their property. if someone were to get hit by a train or fall while crossing the rails and get seriously injured, i would think that they could be found criminally negligent and responsible for knowingly allowing the general public to pass through their property, which contains known dangers.

an argument could be made that they should provide passage through their land to the canal as a service to the community, but I don't think it could be forced on them - especially if existing right of ways exist and the access road runs between them. and again, if they did it would have to be provided in a safe and ADA complient(read expensive) way.

If you call a company representative of course they will tell you they plan on enforcing the rules. They will always give you the standard company line. If they didn't they would open themselves up to all kinds of legal issue.

I would just keep quiet on this issue and see if they start really enforcing the rule on a large scale. This may just have been a case of one person being a jerk. Make a big deal out of it and others may start enforcing it just the first guy doesn't look like a jerk. Police will often do this to protect their own. Hopefully this will be a non-issue.

This is exactly what I would say too. The more you call some flunky in RI, the more they'll realize how widespread this "problem" is and the more they'll send out people to enforce this. Eventually they may even fence off the tracks along the parking spots.

In any event, crossing RR tracks at grade crossings is not trespassing, and there are 3-4 "grade" crossings Capeside where they cannot stop people from crossing--as this clown in RI freely admitted to Mike.

Mike--one question--was the guy who got the summons fishing off the trestle--that popular tautog spot?

He was crossing the tracks to launch a kayak. The guy that stopped him would not even let him retrieve it, and told him to bring it around to another spot down stream of their property.

try calling Senator Brown's office..

was there not some kind of issue keeping fishermen off the canal a few years back, that Sen. Kennedy got involved in and straightened out??

I think that inasmuch as Fisherman belong to a highly migratory species (I've been known to travel hundreds of miles to fish) and are dependent on the resouces available in the canal, that this may fall under the jurisdiction of some federal agency. Or perhaps even the Bonn Convention of the United Nations.
Don't worry the goverment will save us.:smash:

If there land isn't posted with signs saying NO TRESPASSING then they can't enforce the laws of fine you

Now I suppose they can ticket me for driving my truck over their tracks? No difference a motor vehicle and a bicycle.:fury:

They pulled this up here in Maine and we lost several spot. we filled suit against them for their trains speeding so they had to slow them down to 20mph going through residential areas,almost all the tracks are in residential areas, and we filled noise complaints against their horns and now they can only use them at registered crossings. they mostly leave us alone now. I'll donate towards a lawyer. Ron

The railroad is picking a fight with a lot of people......Not to mention two local town goverments and a federal agency.........:confused:

Full Moon in June Day.
All fishermen, on the full moon of June , display their personal moons to the diners on the dinner train, ala Braveheart. If that doesn't do the trick, then Wanging Day can be celebrated, ala Braveheart. Your appetizer, sir....

I bet its an insurance issue that now is a historical access issue.

Full Moon in June Day.
All fishermen, on the full moon of June , display their personal moons to the diners on the dinner train, ala Braveheart. If that doesn't do the trick, then Wanging Day can be celebrated, ala Braveheart. Your appetizer, sir....
If you have to wait till June it will be the 26th, what time does the train pass?
This would be too funny, it just might bring Belushi back from the grave.

Time to setup a bike jump or a pole vault. Can't arrest you if you don't touch the tracks can they??

I love this idea. I think their deed if for the land, not the air. Now where did I put that aerodynamic plug bag?

So does this mean you can't cross the tracks near the ice rink?
Posted from my iPhone/Mobile device

Blown out of proportion.
This was in Wareham, not at the canal.

Blown out of proportion.
This was in Wareham, not at the canal.

Ya..........

Now I suppose they can ticket me for driving my truck over their tracks? No difference a motor vehicle and a bicycle.:fury:

Grade crossing are different. They can't ticket you for crossing the tracks at a grade crossing. They could if you carried your bike over the tracks away from a grade crossing.

If there land isn't posted with signs saying NO TRESPASSING then they can't enforce the laws of fine you

That's why this guy got a trespass notice instead of a citation or summons. Trespass notices put you on notice that you were on private property without the consent of the owner, even if the property isn't posted. They can now ticket or even have the guy arrested if they see him do it a second time.

Theoretically, at least, this thread is now one big trespass notice, should the railroad find a way to connect ourselves in person to our screen names ;)

I’ve been on the phone most of the day today about this issue. I had a person from the Safety and transportation divisions of Cape Rail call me this afternoon. We got to talk for a while. They seem to agree that their enforcement person may have a little over on this. They do not want to be tainted with bad press but they do feel the need for additional safety issues. We agreed on a few issues and will talk again I’m sure. They also have some talks scheduled with the Wareham Selectman and town administrator coming up soon and will discuss access areas for their rail system and the potential commuter rail to the area.

I’ve been on the phone most of the day today about this issue. I had a person from the Safety and transportation divisions of Cape Rail call me this afternoon. We got to talk for a while. They seem to agree that their enforcement person may have a little over on this. They do not want to be tainted with bad press but they do feel the need for additional safety issues. We agreed on a few issues and will talk again I’m sure. They also have some talks scheduled with the Wareham Selectman and town administrator coming up soon and will discuss access areas for their rail system and the potential commuter rail to the area.

INSURANCE LIABILITY

%$%$%$%$!!! Now everyone will migrate to the productive spots!:fury:


All the :buds: clear out around midnight anyway and the train doesn't run after 8 pm anyway. just be smart about where you park.

Ever seen what a well placed sledge hammer does to rail?.......

MikeCC,
Thanks for taking the time and talking to these folks and educating them and us about the situation.

Ever seen what a well placed sledge hammer does to rail?.......

theres an old saying....

give me a big enough LEVER and i can move the world

ya get a bar so heavy it takes two men to carry it
with shoulder straps.

the third guy ( the watcher) carries a fulcrum

Jesse James those Bastids

Not that we would advocate any damage to actual rail components as that would be a safety issue.

Hope this gets resolved. A little moonage would certainly make the national news. Though some might think the train runs through P-Town or something.

Copy of the trespass order
here is their phone # tell them to F O

Customer Service Direct Line:
(508) 291-0685

Why did the guy even identify himself to the railroad employee? Only has to do that with a police officer. It is somewhat different crossing or walking along tracks used all the time, such as the T train tracks, as opposed to the trash train tracks. The law applies the same but certainly it should't be applied the same. Maybe they have to issue a cople of these pieces of paper to show the insurance company that covers their liability policy they are doing their job.

However, that being said, and Backbeach referred to this, tresspassing or trackwalking is an arrestable misdomeanor under three different statutes in this commonwealth.

Just reread LIKWID's post, am I now to understand this happened in Wareham by M & D's and not on the canal tracks?

It's amazing what you can find out about someone on google (especially when they have a unique name).

I guess someone that drives a cupholder boat like a 45' SeaRay isn't going to care much about surf-fisherman.

Not that we would advocate any damage to actual rail components as that would be a safety issue.

OHHHH No of course not BOSS man

but those IDIOTS better quickly realize that they are like a BANK
with all of their assets just laying out on open ground
and it's virtually impossible to protect it all REAL FAST.

The threat of any kind will not help alleviate the problem. All we need is a hothead to take any action against the railroad and we will find all crossings closed to the public and no access to that side of the ditch.
Mike has the right idea and should keep a clear levelheaded line of communication open.

what he said

I think everyone should push the issue and just fish the cape side. I promise not to fish in your spots on the mainland side. I promise! :)

Anyway , hopefully this whole thing just fades away. Like the old saying goes..... let dogs who lie sleep...or something like that. :)

My daughter had to go to court as a teen for trespassing on railroad tracks. It's a big deal. Was going to go on her adult record, but our lawyer worked the strings. I still get really pissed when I think of it. The cop who wrote her up lived around the corner. You can guess what I think of that POS.
The world is being taken away from the common man, everything is illegal these days and everything belongs to corporations. We need to protet this, 5-6 hundred people need to cross the tracks on film for the 6 o'clock news with their middle digits raised. Help me Hank!!

Iwouldn't worry as much about corporations as I would about politicions and lawyers

STOP IT STOP IT !!!!!! THIS HAS GONE TOOOO FAR.... THINK ABOUT IT, THE EGRESS WAYS TO THE CANAL ARE EVERYWHERE,AND THE POPULARITY OF CANAL FISHING BOTH DAY N NIGHT IS CONSTENT ???????? OK. UNLESS U R FU*KING WITH THERE STUFF, I BET ITS OK TO CROSS THERE TRACKS..SO "LET THE SLEEPING DOG LIE"IVE BEEN DOING IT FOR 30YRS LETS NOT CHANGE THINGS YET..BTW ,THE R/R #^&#^&#^&#^& WENT WAY OVER ,ITS A POWER KICK (IMO)......CHEW ON THAT AWILE...... UR ALL GETTING CRAZY WAITING FOR THE FISH.........DAVE..........

I guarantee the cops are going to be more than willing to cite people - and good luck mouthing off to a third-shift rookie all by your lonesome. Fishing licenses, trespass threats.....And I say to myself, what a wonderful world...

YouTube - R.E.M. - It's The End Of The World As We Know It (And I... (http://www.youtube.com/watch?v=Bmxyj6iInMc)

STOP IT STOP IT !!!!!! THIS HAS GONE TOOOO FAR.... THINK ABOUT IT, THE EGRESS WAYS TO THE CANAL ARE EVERYWHERE,AND THE POPULARITY OF CANAL FISHING BOTH DAY N NIGHT IS CONSTENT ???????? OK. UNLESS U R FU*KING WITH THERE STUFF, I BET ITS OK TO CROSS THERE TRACKS..SO "LET THE SLEEPING DOG LIE"IVE BEEN DOING IT FOR 30YRS LETS NOT CHANGE THINGS YET..BTW ,THE R/R #^&#^&#^&#^& WENT WAY OVER ,ITS A POWER KICK (IMO)......CHEW ON THAT AWILE...... UR ALL GETTING CRAZY WAITING FOR THE FISH.........DAVE..........

really the best advise. can't see you winning access here. best to let sleeping dogs lie. the rail's insurance company will never let them knowingly allow trespassing or, worse still, endurse people cutting across the tracks. if they ever extend passenger rail down there, forget about. they'll be fences and razor wire everywhere.

and for those saying, "let them try to enforce it" and the like, its really not that hard to do - take away parking, tow cars, and make a few arrests. its basically like saying "let them try to enforce speed limits", you throw a few cops out there and its basically done.

they also have the argument that there is legal, safe access to the canal at each end and an access road running between the two. they are not denying access to the canal, they're just denying easier access.

really the best advise. can't see you winning access here. best to let sleeping dogs lie. the rail's insurance company will never let them knowingly allow trespassing or, worse still, endurse people cutting across the tracks. if they ever extend passenger rail down there, forget about. they'll be fences and razor wire everywhere.

and for those saying, "let them try to enforce it" and the like, its really not that hard to do - take away parking, tow cars, and make a few arrests. its basically like saying "let them try to enforce speed limits", you throw a few cops out there and its basically done.

they also have the argument that there is legal, safe access to the canal at each end and an access road running between the two. they are not denying access to the canal, they're just denying easier access.

Trust me on this---there is nothing more certain than No Parking postings along Sandwich Road if things don't change. All it's going to take is one fisherman getting clipped by a passing car one morning. Once the turn outs are full--as they will inevitably get once the plugging bite hits cell phone/tackle shop/internet hotwires, guys park along the shoulder where there's literally a foot or two between them and cars zipping by at 60 mph. It is inevitable that someone will get killed some day if this keeps up, and that's when you'll lose parking access along the road.

The police department in Bourne doesn't want to break balls. Lots of them fish, including Chief Baldwin. But people force their hands, and they have no choice. They didn't want to issue parking tickets at Savorey Avenue (stone church) last spring, but the residents complained about noisy fisherment waking them up at 4 AM so they had no choice. The railroad has had several things to complain about, including kids playing chicken with the trash train in Monument Beach last year. Just keep things in perspective--this was one guy who the railroad conceded may have gone too far. Use your heads--if a train is approaching, you'll hear it. Don't try to save 45 seconds of fishing time by rushing over the tracks in front of an approaching train--and for God's sake, lose the idiotic idea of some sort of mass protest, or mooning, or whatever. Just let this die, for everyone's sake.

The reason the railroad mentions "legal" access points is because these are considered grade crossings, and there are whistle posts down the track which tell the engineer to sound the horn to warn crossing cars and pedestrians.

Trust me on this---there is nothing more certain than No Parking postings along Sandwich Road if things don't change. All it's going to take is one fisherman getting clipped by a passing car one morning. Once the turn outs are full--as they will inevitably get once the plugging bite hits cell phone/tackle shop/internet hotwires, guys park along the shoulder where there's literally a foot or two between them and cars zipping by at 60 mph. It is inevitable that someone will get killed some day if this keeps up, and that's when you'll lose parking access along the road.

The police department in Bourne doesn't want to break balls. Lots of them fish, including Chief Baldwin. But people force their hands, and they have no choice. They didn't want to issue parking tickets at Savorey Avenue (stone church) last spring, but the residents complained about noisy fisherment waking them up at 4 AM so they had no choice. The railroad has had several things to complain about, including kids playing chicken with the trash train in Monument Beach last year. Just keep things in perspective--this was one guy who the railroad conceded may have gone too far. Use your heads--if a train is approaching, you'll hear it. Don't try to save 45 seconds of fishing time by rushing over the tracks in front of an approaching train--and for God's sake, lose the idiotic idea of some sort of mass protest, or mooning, or whatever. Just let this die, for everyone's sake.

The reason the railroad mentions "legal" access points is because these are considered grade crossings, and there are whistle posts down the track which tell the engineer to sound the horn to warn crossing cars and pedestrians.

Again, you're right as again I was joking..

I would venture that if they ticketed the person in Wareham it was on the tracks in back of M&D, that could be a dangerous spot

Glad to see a little more common sense in some of the posts and a little less emotion - although I am shocked to see some of it coming from someone of stiff tip's ilk!
There is no reason to even suggest vandalism or even some massive protest until more examples appear of the railroad's move towards citing folks for trespassing across their tracks to go fishing.
That said, I do get discouraged every time I hear of more obstacles being placed in the way of folks who fish from shore. Credit should be given to Lou MacKeil for having language written into the saltwater license funds appropriation for a good chunk of the money to go to access issues.
I know it would be a massive and overly expensive undertaking, but I would love to see the colonial ordinance governing waterfront property ownership overturned in the Bay State. If only two states, one of which is Massachusetts, have it on the books, maybe that should tell us something?

Isn't that the crackhead side anyways...
FORE!!

I know it would be a massive and overly expensive undertaking, but I would love to see the colonial ordinance governing waterfront property ownership overturned in the Bay State. If only two states, one of which is Massachusetts, have it on the books, maybe that should tell us something?


It would be more expensive than you could imagine, as the Supreme Judicial Court has already ruled that it would be a "taking" of private property for public purposes and require fair compensation to the landowners.

We have the right of passage already for purposes of fishing and waterfowling--what we need is to make more law enforcement types aware of it when they challenge us.

We have the right of passage already for purposes of fishing and waterfowling--

what we need is to make more law enforcement types aware of it when they challenge us.

now THAT is interesting !

We have the right of passage already for purposes of fishing and waterfowling--what we need is to make more law enforcement types aware of it when they challenge us.

True. I've had to explain the law to the police a couple times and a home owner once. Usually the response from the police has been along the lines of "just get out of here"

Just got to let this thread die. Out of sight, out of mind. There are a lot of other places to get to the Canal without crossing the track if you really want to. The whole mainland side for one.

I realize that this is an infringment on our rights but just let it go away and it will not be a problem. I don't see the railroad, in these uncertain economic times, stationing a crossing police RR guy at every access point.

but at the same time that's the stick your head in the SAND
physcology....
~
So i have to Challenge that "just get out of Here"
and our "Rights" falling on the OFFICER's DEAF ears

and then ask the question

Who has the Authority ? the officer who is supposed to protect and serve

and "ENFORCE " the laws of the constitution.....

or does the citizen have the right to say:
well NO sir , " i am perfectly within my rights to access the Ocean
here...." at the risk of being arrested of course. :huh:

or say.... Yes Sir, I will leave under Protest that it is my right
and Guaranteed under the constitional provisions
for me to access the Ocean here.
Then head right to the police station and talk to his Chief
and hear what he has to say about it.

Note to self... purchase a pocket recorder. :think:

you do not have a protected right to pass through private property to fish. you have a right to fish within the tidal zone provided that you are able to get to where you are without trespassing. as it applies to this situation, you have the right to fish anywhere along the canal access roads, provided you get there by entering through one of the legal access points.

Raven:
I also agree with your points. Perhaps it's just me getting older that I now choose to pick the battles I can most likely win.
I fish the Canal under cover of darkness, like I fish everywhere else. I figure the possibility of the RR Police catching me crossing the tracks at 2:00 AM are slim indeed. I'll be long gone before the sun is up so I think if I stay in stealth mode I will be OK.

Raven:
I also agree with your points. Perhaps it's just me getting older that I now choose to pick the battles I can most likely win.
I fish the Canal under cover of darkness, like I fish everywhere else. I figure the possibility of the RR Police catching me crossing the tracks at 2:00 AM are slim indeed. I'll be long gone before the sun is up so I think if I stay in stealth mode I will be OK.

I agree. I like watching a fish crash a pencil as much as anyone but it's amazing how fewer headaches exist when you fish under darkness. The night opens up a world of possibilities and access is significantly less of an issue.

Isn't that the crackhead side anyways...


Yes, but up here we call it the "Jersey" side. :rude:

but at the same time that's the stick your head in the SAND
physcology....
~
So i have to Challenge that "just get out of Here"
and our "Rights" falling on the OFFICER's DEAF ears

and then ask the question

Who has the Authority ? the officer who is supposed to protect and serve

and "ENFORCE " the laws of the constitution.....

or does the citizen have the right to say:
well NO sir , " i am perfectly within my rights to access the Ocean
here...." at the risk of being arrested of course. :huh:

or say.... Yes Sir, I will leave under Protest that it is my right
and Guaranteed under the constitional provisions
for me to access the Ocean here.
Then head right to the police station and talk to his Chief
and hear what he has to say about it.

Note to self... purchase a pocket recorder. :think:


There is no right to trespass over private property to reach the water---not here, not anywhere. You have to reach the water without crossing anyone's private property. That's the law even in states where the landowner only has title to the high water mark.

For the umpteenth time in this thread--railroad tracks and a number of feet each side of them--are private property, an easement granted to the railroad. They have every legal right to prevent anyone from crossing the tracks, except at a grade crossing across a public thoroughfare.

Telling people not to start fights they can't win, legally, is not putting one's head in the sand. It's called using common sense and not blowing an isolated incident out of proportion The railroad has already said their guy went overboard---what is so %$%$%$%$ing hard to understand about that???

Secondly, it is illegal to secretly record any conversation in Massachusetts without the knowledge of the other people you're speaking to. Playing a secretly recorded tape of one of his officers for the Chief is a sure way to get yourself arrested.

Maybe you bomb throwers should stop handing out bad legal advice and leave it to the lawyers to tell people what their rights are.