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Old 04-22-2010, 12:19 PM   #11
Clogston29
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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.

"Remember, my friend, that knowledge is stronger than memory, and we should not trust the weaker" - Van Helsing
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