We just lost 50% of the access to the Cape Cod Canal

[piemma]

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.

[Raven]

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.

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.

[Clogston29]

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.

[piemma]

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.

[luds]

Originally Posted by piemma

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.

[Mike P]

Originally Posted by Raven

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.

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.

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.