Rail road tracks

I have walked railroad tracks and shot birds…I have shot many birds walking the actual road, not in the ditch…I don’t think it’s just one way…I know it’s not. But you’re entitled to your own interpretation. either way, it’s apparently off limits, at least as far as railroad tracks are concerned…
 
gimruis said:
That is what I was getting at. You are hunting the easement on either side of the tracks, not the actual tracks. Its like saying we're hunting a pond on the prairie whereas you're actually hunting the cover like cattails around the pond and not the actual pond. I may be taking things too literal here but people often refer to hunting rail road tracks when that is really not accurate because they are hunting the easement of the tracks.
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I think it’s unrealistic to think that everyone does it exactly the same way….I’ve sat in my duck boat in the middle of a pond, ensconced in decent cover…many, many times…and I’ve been in cover on the shoreline many times…you do what the situation allows, or calls for…
 
Hey Benali Banger, I really appreciate you checking into this. Like I said in my original post it seems people out there will come up with a "definite" answer, which is great.....But where is the written law???? What is your source referencing to???? He may be correct on the definite "no" but is he getting that fact through a documented law???? If so, where??? Anyhow, it really be nice to see something we can reference to.
No different than how the department of fish and game explain in written regulations of what trespassing is? Or what is the daily bag limit? Or the legal hours of hunting?

gimruis, it is good to be literal. I guess the best scenario I can give personally is when I may have been hunting a certain location and walk back to a section line road that may be a 1/2 mile or mile away to get back to my truck, I often just walk down the middle of the tracks to get there. So question #1 can I do it or am I trespassing??? #2 During my walk a rooster gets up on one side of me and flys directly across me (over the tracks) can I legally shoot and kill the bird????? So I am not hunting the ditch or easement if you will, just walking down the tracks.

I hope that explains it a little better.
 
"It is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing. Trespassers are most often pedestrians who walk across or along railroad tracks as a shortcut to another destination. Some trespassers are loitering; engaged in recreational activities such as jogging, taking pictures, hunting, fishing, bicycling or operating recreational off-highway vehicles (ROVs)."

Trespass Prevention | FRA

Trespassing along railroad rights-of-way is the leading cause of rail-related deaths in America. Nationally, more than 400 trespass fatalities and nearly as many injuries occur each year, the vast majority of which are preventable.
railroads.dot.gov railroads.dot.gov
 
I personally am content with my source and interpretation, which is all that matters. I try to help, but I’m not in the business of providing unequivocal legal interpretations to relative strangers over the internet! If I was really curious I’d call the sheriff or CO in the county you’re hunting, cause they’re gonna get the call when someone chooses to report you…go straight to the authority, they’ve dealt with this before. My .02!
 
Funny story I was driving down the interstate through rural kansas and go over an elevated roadway, theres Ron Jeremy pants and shirt slung over his shoulder, sunburned all to hell, buck naked walking down the center of the tracks
 
Hey benelli banger, I did not mean to come across as offensive. I am very sorry if I did. Yes, you are absolutely correct I should be calling sheriff in the county. I just thought I would try this forum first if anyone new of any regs.

Sorry
 
BrownDogsCan2 said:
Funny story I was driving down the interstate through rural kansas and go over an elevated roadway, theres Ron Jeremy pants and shirt slung over his shoulder, sunburned all to hell, buck naked walking down the center of the tracks
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I’ll take that as a compliment! Didn’t know anyone saw me!🤪
 
LABS HUNT said:
Hey benelli banger, I did not mean to come across as offensive. I am very sorry if I did. Yes, you are absolutely correct I should be calling sheriff in the county. I just thought I would try this forum first if anyone new of any regs.

Sorry
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No issue, thx for the follow-up. I’ll give advice about lots of things, but not something that I don’t know! Especially when it could have legal consequences! If this was my website, and I made $ from it, I may try to help more thoroughly…I just poke around here because my wife locked my porn sites!!!😝😝😝
 
So when I was a young pup and newly married my father in law taught me to walk the railroad tracks and put the dog in the cover on the sides. I had a semi trained willful bitch that mostly did what she wanted, but it usually involved getting a bird for me. I put her in the cover and she repeatedly came back up on the tracks, finally went down in the thick cover myself while she walked the tracks. Low and behold there was a rooster holding in a depression between some ties, she put it up and I shot it. After that she went down in the cover. Always trust the dog.
 
I've read a few books on pheasant hunting and the authors (who are older than the hills or dead now) all mention walking tracks growing up as a kid to hunt pheasants. I think between 9/11 and the increasing legalization of our country have pushed the railroads to post a lot more of their tracks. I don't agree with it at all, there are many good hunting and fishing spots on the other side of the tracks. This spring on lake Pepin I saw house after house on the wisconsin side of the lake with tracks between them and the river, every walking path down to the water and docks the RR company had placed a "no trespassing" sign. People obviously walk past the sign and "trespass" on a constant basis. The other one that bothers me is tracks going through wma's. In some instances this has limited access to public land! My buddy who worked on the railroad his entire life said that they never called anyone in if they were walking down the easement on the side of the tracks. My thinking is, if you're dumb enough to get hit by a train while walking your surviving relatives should have no right to sue. They should be "use at your own risk." Just my opinion.
 
It’s private property same as any other private property. If they make no effort to keep folks out they open themselves up to liability.

That said, I remember some crazy kids letting some air out of their tires and putting them on the rails and shooting rabbits out the windows. Stupid kids. I understand a 59 Chevy will go down the tracks at idle and do about 10mph.
 
It's pretty much a given that the RR doesn't want anyone on their property because of the legal liability. I too hunted along a section of tracks for years, but I made sure I had permission to hunt the adjacent private land/slough. The easiest was to get to the private land was to walk a few hundred yards in on the tracks. I never ran into any RR employees while I was on the tracks, but on several occasions I had a maint. truck stop and tell me I couldn't hunt on the tracks. I advised I wasn't on the tracks and had permission to hunt the private land I was on...
 
SD 2021 Hunting and Trapping Handbook spends almost a full page on hunting RR right of ways -- page 82. Memory tells me its pretty much the same as 2020.

Interesting it seems to say some of the Mitchell to Rapid City MRC line is open to small game hunting from Hwy 83 to Kadoka, maybe 40 miles, and that abandoned lines could have reverted to private ownership.

Not sure what other states do.
 
Hey dakota j , you hit the nail right on the head!!! My sole reason that I started this thread was why in the hell can't ND have language or laws specified exactly what SD has. Now as I said, I was just trying to solicit on this forum if anyone was aware of documented laws covering this. I was avoiding call Dept of fish and game because pastor experience you either can't get anyone on the line, or you get " I'll get a warden to get back to you" So as I told Beneli banger that after he suggested to call, that he is correct and find out an answer from Law Enforcement. Well sure enough, just as I knew what what going to happen. I called ND DNR office in Bismarck , and after going through the dreaded prompts to speak to a person I was on hold for 28 min! So I hung up and decided to send an email to them. That was 1pm yesterday. As of this morning I still haven't heard from them.....So, back to original plan...Ask people on this forum! I get more answers from all you people that are experienced in life and hunting.
 
There should be names of wardens and their phone #’s…I’ve called one in ND before and he called me back…about moose being poached
 
I called the game warden supervisor for region 1, out of Jamestown; “only with the permission of the railroad”. Kinda makes sense, it’s private property.
 
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