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Old 05-24-2013, 10:55 AM   #14
Mike P
Jiggin' Leper Lawyer
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Join Date: Oct 2000
Location: 61° 30′ 0″ N, 23° 46′ 0″ E
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By they way, there have been No Trespassing signs posted along those tracks for a few years, no. But, if you've ever read them (I have), and compare the wording to that on the new signs, you'll see some key differences.

The existing signs state that entering or crossing the tracks is forbidden. They then cite the applicable MGL provision, and cite the authority of Mass Coastal RR.

These signs merely state that it's a "private RR Crossing" and that permission to pass by is subject to the control of the owner. Without stating who that owner is. AFAIK, that "owner" is the USACOE. If you look at the CoE canal recreation Guide, the CoE states in several places that they have provided "access points, with parking and rest rooms, on BOTH sides of the Canal", including one under the Bourne Bridge, where there is one of those "private RR crossings". Legally, they're giving the public at least implicit permission to use those crossings---provided that they're the "owner". And I think that they are.

Wise men speak because they have something to say; Fools, because they have to say something.
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