# Question about legal or illegal?



## FairwayCAL (Oct 27, 2006)

Are railroad tracks ok to hunt off of, if both sides of them are posted?


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## farmerj (Jun 19, 2004)

It's posted and they are private property.


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## NDTerminator (Aug 20, 2003)

What are you planning to do, wait for a deer to cross and shoot him when he's in the middle of the tracks?... :eyeroll:


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## Ron Gilmore (Jan 7, 2003)

RR property is like any other property it has to be posted closed to hunting. I have people attempt to claim that by Fed laws etc... they are closed but have checked with both the G&F and also the ND AG on this and they have to follow the same rules as anyone else.

I use RR right of way to access some property for hunting. Land is owned on either side and posted but the right of way allows me to reach the far corner of a piece we can hunt. Never shot anything on the right of way, have visited with railroad workers a time or two while walking as well.

This applies to ND, other states have different rules! Also a friend of mine leases hunting rights on BN property in MN!


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## dc240nt (Sep 20, 2006)

It is a federal crime to have any kind of weapon on RR property. Call the Fed Rail Administration and find out for yourself. They are just waiting to catch someone on the tracks with a firearm so they can make an example of them. Take this from a guy who worked for BN for 10 years. Its nothing to mess with. If caught, they will prosecute to the fullest of federal law.


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## Ron Gilmore (Jan 7, 2003)

dc went through this last year! Made the calls to BN myself! States which have laws that prohibit trespass fall under the rules those like ND do not!


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## barebackjack (Sep 5, 2006)

Ive walked across lots of RR tracks with a firearm.


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## dogdonthunt (Nov 10, 2005)

dc is partialy right on this one... bn owns alot of property and for the most part it is a federal offense to carry a firearm on that property.. and if you look it is posted along the trax... property of bnsf no tresspassing.... little white signs posted along the trax and 75 feet on either side if Im correct.... but they do own more land then just along the trax... and they do lease it to farmers and what not... and Ron you said you talked to RR workers and I can pretty much tell you what they said... they will bs with you all day but as far as being anywhere near the trax they cant tell you because they can get in trouble if you or anyone else in your party gets hurt... I work in the yard for the most part as a switchman and get alot of drunks in the middle of the night from time to time.. and also am a conductor and I can tell you its not a wise or safe thing to do because you dont know at any paticular time when a train is coming... youd think you could hear it coming but thats not always the case... so to be on the SAFE side I would say to stay away...


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## Ron Gilmore (Jan 7, 2003)

Couple things to remember as well is that not all the land the RR runs on is held by the RR! For example going west along the main line for BN. You have a checker board ownership, where one section is owned by the adjacent land owner, and the next may be owned by BN. Thus if the property is posted on both sides and is owned by the landowners it falls under the same rules as a section line or road and is closed to hunting.

I should have made this clear in my first post. Always know who's land you are on. dogdonthunt, is right about the Fed law applying to any land posted No Trespass by the way and DC is as well in that regards.

Like I said before, I checked numerous sources other than the internet to find my information, and have the names and #'s of the people who provided the information to me recorded along with when we spoke. Much like I do when I get permission to hunt land posted or not posted. I do not take actions that will put me in trouble, but on the chance something comes up, I want my backside covered!


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## FairwayCAL (Oct 27, 2006)

so, if the RR is a former Soo Line or CP line which is owned now by a smaller RR company and there is only an easement granted for this RR, then the original owners property rights hold true - EXCEPT for travel on this RR track???????


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## dogdonthunt (Nov 10, 2005)

Ron you are correct about the ownership but if you are talkin about following the tracks then no.. the tracks and 75 feet on either side of it is owned by the RR... Im only talking about BNSF now... regardless of the property owners that are along the tracks... I personaly am unaware of anyone out looking for ppl useing the tracks to walk while hunting but I will say this... we as operators of the trains are always being tested as to the rules and guidelines set forth by both the federal railroad adminastration and by rules that are constantly changeing in our own paticular district... meaning there are teams of ppl hired by the fra to go hide in the weeds (and I mean that literaly) to make sure we are doing our job... so, if they are watching us they can also find anyone who does such... and also it isnt a SAFE thing to do... now what you are getting at is the land that might be owned by the RR that isnt in the imediate railway... this you cud be correct on I dont know because Ive never looked into it... but I think the poster is talking about useing the tracks to get to and from spots... and to him I will say that it is neither wise or safe and puts us in a really bad spot when we come across something like that when we could be tired from running all night... and trust me from the seat you can see everything all the way up to impact... fortunately for me its only been deer, ducks and racoons... but I really wouldnt like to expireince someones expression before something like that happens... :2cents:


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## wurgs (Mar 3, 2008)

Land leased to others and land used by BNSF directly are a little different. On property directly used by BN, there is no tresspassing at all ( for obvious safety and liability reasons) and you can't even carry a pocket knife with you. I do alot of work for them and retake safety and rules recertification every year so am pretty familiar with their safety and tresspassing rules. As for land they lease to others, I'm not sure of laws but as others have said if not posted I believe you are able to use it.


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## wurgs (Mar 3, 2008)

Land leased to others and land used by BNSF directly are a little different. On property directly used by BN, there is no tresspassing at all ( for obvious safety and liability reasons) and you can't even carry a pocket knife with you. I do alot of work for them and retake safety and rules recertification every year so am pretty familiar with their safety and tresspassing rules. As for land they lease to others, I'm not sure of laws but as others have said if not posted I believe you are able to use it.


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## Plainsman (Jul 30, 2003)

Federal law against firearms on RR right of way? Boy am I getting old. Even though it was against the law I remember the RR guys night lighting jack rabbits from the train and shooting with 22LR at them. I am surprised the wardens never got them.


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## dogdonthunt (Nov 10, 2005)

> Federal law against firearms on RR right of way? Boy am I getting old. Even though it was against the law I remember the RR guys night lighting jack rabbits from the train and shooting with 22LR at them. I am surprised the wardens never got them.


yep and the used to call them from the bar to come to work...


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## Chaws (Oct 12, 2007)

Wise old Indian once told me, "follow big tracks, find big deer."


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