Parking on Canal Cape side - Striper Talk Striped Bass Fishing, Surfcasting, Boating

Mike P · 06-11-2010, 06:59 PM

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.