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-   -   Tresspassing on private property to fish (https://www.coloradofisherman.com/forum/showthread.php?t=10281)

laker taker 09-21-2006 07:17 AM

Tresspassing on private property to fish
 
It was suggested on another thread that an individual should go fish a certain section of the Colorado river. That section of the river would require an individual to tresspass on private property, one being a local landowner and the second being the Union Pacific Railroad.

DON'T TRESSPASS ON RAILROAD PROPERTY TO FISH OR HUNT. Or any other private property for that matter.

Due to the Homeland security stuff, the Railroad's and the Federal Government are on alert wathcing for tresspassers. If you are spotted on or near Railroad property you will be reported and you will be ARRESTED and charged with a FEDERAL FELONY. Interstate railroads are under federal law and you would be charged accordingly. So don't do it.

Additionally, on behalf of the guys working those trains, they don't want to run your ass over either, so don't do it. There are plenty of other places to fish.

Mr. Ed 09-21-2006 07:39 AM

Re: Tresspassing on private property to fish
 
Thanks for the info...a couple of weeks ago I was up by Parshal. They were doing some track replacement north of the road. When I drove over the crossing to go into National Forest, I noticed there was the standard fixed track on the ties, then there were rails laying on each side of the track (not sure if they were the new rails or the old ones - seamless and curvy and appeared to go on for miles). Was pretty cool looking and was thinking of getting out to take a picture. Didn't realize they are getting so strict...good thing I didn't stop to take the picture (not sure why I didn't at the time).

laker taker 09-21-2006 08:32 AM

Re: Tresspassing on private property to fish
 
I don't think stopping to snap a quick photo would get a person in trouble but being in an area accessible only by private property certainly would. The location that was mentioned is so clearly private that anyone would know they are tresspassing. First you pass right through a private ranch, right by his barns and home and under his ranch sign. Hmmm, first hint?? Second you have to go through locked gates or through a fence to the Railroad property. Hmm,, second hint?? Ignore the no tresspassing signs and fish the river. 20 years ago a fisherman was struck and killed by the train at that spot,, not good to go there. I know the land owner, he's a great guy but tresspassers piss all landowners off.

If a guy wants to get into this area, float a canoe or kayak down river from Kremmling. But remeber you have to paddle back up.

McFish 09-21-2006 08:39 AM

Re: Tresspassing on private property to fish
 
Good post LT!

yakatut 09-21-2006 08:50 AM

Re: Tresspassing on private property to fish
 
Thanks..........that was good info.....last thing i want is shipped...to Guantanamo Bay

setthehook 09-21-2006 09:06 AM

Re: Tresspassing on private property to fish
 
Laker,
My neighbor is a lawyer and a big time hunter that took a similar case to court and won. In his case he ID'ed a piece of public land that was surrounded by private land...all access avenues were posted as Private, No Tresspassing. He pulled old aerial photos of the area before all the private ranches popped up and found an old public access road to the public land. He approached the private land owner to request access via what was formerly a public road to public property. Admittedly the road had been grown over with weeks and grass but it was established as a public road. The landowner denied him access. In court the judge granted my neighbor access siting an old law created in the early 1900's. My neighbor cannot go off that road until he gets on public property but he did get access to the land.

D-Moe 09-21-2006 10:11 AM

Re: Tresspassing on private property to fish
 
Quote:

Originally Posted by setthehook
Laker,
My neighbor is a lawyer and a big time hunter that took a similar case to court and won.*

* *
* *
setthehook -- The case you referred to is interesting.* Part of what makes that situation interesting is that the facts are unusual.* Those same unusual facts (namely a public road easement b/c of pre-existing, long-established public road access) make it different from what laker taker is referring to (I think).*
* * *
* * *

Mr. Ed 09-21-2006 11:05 AM

Re: Tresspassing on private property to fish
 
I agree. Railroad Right of Way is something you don't want to mess with. The railroad also enjoys lots of Federal priviliges and rights that you don't want to mess with. It's kind of like getting caught for speeding on a military installation - it's a Federal offense!

rstrouts 09-21-2006 01:02 PM

Re: Tresspassing on private property to fish
 
Quote:

Originally Posted by Mr. Ed
I agree.* Railroad Right of Way is something you don't want to mess with.* The railroad also enjoys lots of Federal priviliges and rights that you don't want to mess with.* It's kind of like getting caught for speeding on a military installation - it's a Federal offense!

Note: I check maps/related info prior to going to a location to confirm its ownership status, albeit, we are all relying on maps that are old and out of date. I have been known to check out plat maps at county courthouses to ensure I am on public land. Plus, I *always* ask permission to go onto private land or I don't go on it.

That said...

Since it's a Federal offense on federal property, what authority would need to physically come out and cite? Or is there no necessity to physically come out? Would just a phone call report suffice?

And doesn't the landowner need to show up in court? Or, at least, the landowner's agent, maybe a lawyer?

And, if that's the case, doesn't it cost at least a few (most likely more than a few) bucks, not counting lost work, for the landowner/agent to follow through with the trial?

Plus, what happens and who pays when the authorities are called, come out and noone's there to cite?

And is it just the word of the landowner or is evidence of criminal trespass necessary to prove trespass, e.g., video or photos, etc.?

All this above is separate from the procedures and penalties, etc, for DOW, if hunting/fishing is involved.

It all seems like more of a deterrence situation than an actual court situation, doesn't it?

Mr. Ed 09-21-2006 01:44 PM

Re: Tresspassing on private property to fish
 
Quote:

Originally Posted by rstrouts
Since it's a Federal offense on federal property, what authority would need to physically come out and cite? Or is there no necessity to physically come out? Would just a phone call report suffice?

The local Sherriff. Then, the railroad police would also get involved (they have their own branch). Possibly, the DOW will get involved as well.

Quote:

And doesn't the landowner need to show up in court? Or, at least, the landowner's agent, maybe a lawyer?
This is a legal matter not a civil matter. The landowner does not need to show up.

Quote:

And, if that's the case, doesn't it cost at least a few (most likely more than a few) bucks, not counting lost work, for the landowner/agent to follow through with the trial?
Landowner doesn't need to be there - the arresting officer does.

Quote:

Plus, what happens and who pays when the authorities are called, come out and noone's there to cite?
Taxpayers like you and me. No different than if someone tries to break into your house, and runs off while you're on the phone with 911.

Quote:

And is it just the word of the landowner or is evidence of criminal trespass necessary to prove trespass, e.g., video or photos, etc.?
If you are caught, you're caught.

Quote:

It all seems like more of a deterrence situation than an actual court situation, doesn't it?
Not really, think of it as for your safety...if you show up to hunt waterfowl, and you have a shotgun in hand, there is a "Make my Day" law that allows the landowner to shoot you if you are percieved to be a threat. You could argue you weren't, but that would be tough to do when you're 6 feet under.

What's wrong with respecting private property?


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