Parking on Canal Cape side

[Circlehook]

Wow. Are they ticketing all the dirt turn offs that people park at off the road?

I would think the skating rink is okay to park at, that is not owned by the rail company, right?

[HESH2]

in ct a certain spot had to CROSS THE TRAIN TRACS metro north came in with their police cars and taged cars with fines.also in ct amtrac police gave tickets if you again crossed tracs .1st spot lady on road would call police because of parking issues.thinking its a security type thing having to do with rails.

[Mike P]

If the railroad either owns the land where the cars were parked or it's part of their right-of-way, they can stop people from parking there. If they don't those trespass notices aren't worth the paper that they're printed on.

They can stop people from crossing the tracks--with the exception of at grade crossings. There are 3--maybe 4--grade crossings Capeside. The grade crossings are used by the Corps of Engineers--both Canal patrol vehicles and the John Deere tractors that the seasonal maintenece people drive. They're also used by the Bourne and State police, the EPOs and by Bourne DNR. Even the town's volunteer hering agent has a key to the gates that guard those crossing--IMO they can't stop people from crossing the tracks at a grade crossing.

To settle ownership of who owns what, you would have to go to Barnstable and look up the deeds and easements granted. My understanding was that the Corps owns the land that those tracks cross and the railroad has a right of way, probably for a set distance on either side of the tracks. But the railroad can legally prohibit the public from crossing the tracks where there isn't a designated grade crossing, regardless of whether it owns the railbed or has a right of way only.

Public use, unprotested and unterrupted by the owner or easement holder, can result in the public retaining their rights of passing, after a period of time (usually 20 years in most states). The signs and gates at those crossings were put there by the Corps, not the railroad--it's up to the Corps (in my opinion) to determine who can cross. The public is invited by the Corps to cross those tracks at the Bourne Bridge area, at minumum. There is also a "Warning--tracks in use" sign at Halfway Gate, and fishermen and bikers have used that crossing for at least the 40 years that I've fished the Canal. Up to now, unchallenged by the railroad.

And I think that the previous thread on this specifically mentioned that the railroad would allow the public to cross at those grade crossing access points.

[5/0]

I had parked @ half way gate Wednesday from 0445-0645 with no problems,I had also parked on the dirt and not the asphalt so I wasn't obstructing gate access but either way I guess I was on there property.
I wonder if this is random ticketing or just the beginning of hell to come.

[Mike P]

According to what Mike posted on the Cape Cod Tackle Facebook page, the notices were issued to cars parked on "6A 100 yards south of Ace Crossing".

I have no idea where Ace Crossing is. I do know that the railroad doesn't own a square inch of property 100 yards south of the tracks anywhere along the Canal.

I wonder whether the guys who issued it don't know south from east or west?

Also--Sandwich Road is not Route 6A. Route 6A branches left at the fork by the old Irving station and John's Capeside Diner in Sagamore--that's Cranberry Highway. The road that branches right and continues along the Canal is Sandwich Road.

The railroad's right of way can't possibly extend 100 yards south of the tracks anywhere. The road is less than 20 yards from the tracks in many places. The parking area at Portagee Hole has a guardrail that was not put there by the railroad--it was either put there by the Town of Bourne or Mass Higways.