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Old 04-22-2010, 11:50 AM   #11
JohnnyD
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Join Date: May 2008
Location: Mansfield, MA
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Quote:
Originally Posted by Clogston29 View Post
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.
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