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Here's my understanding of the situation. The railroad or DOT doesn't own the land those tracks are on. The US Government owns the land. The RR has a right of way over the land. At those grade crossings, the US Government retained a right of way to access the service road. It's the USACOE, not the RR or DOT, who has the right to determine who can legally use those crossings to access the road.
Read the sign. Right to pass by subject to permission of owner, or words to that effect. Who has the right to grant that permission? That's what people need to find out. The last time this issue arose, the CoE stated that they control those crossings, not the RR. Has this changed?
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