Trespassing on NY Railroads

There are two times a year when any person in NY can lawfully trespass on a RR right of way. Anyone know when it is and have you ever done it?

As a bonus, they have to pay you for doing it too!

Charles

National "Screw Them I'm Walking on the Tracks" Day?

No this is real NY railroad code.

nydepot wrote:There are two times a year when any person in NY can lawfully trespass on a RR right of way. Anyone know when it is and have you ever done it?

As a bonus, they have to pay you for doing it too!

Charles

The only way you could do it is if you have Isolated Property that is along the Railroad ROW. I work with a guy in the Port Byron area near Holland Iland Road his land dose not have an ROW off of Holland Island Rd the only way to it is along the RR service Road along the tracks. The ajoining land that borders his property borders Holland Island Rd on one side and RT 38 on the outher when the land was split into 2 plots it did not include a ROW to his land something that the orginal owner did not write into the deed when the land was sold.

Good guess. Wrong answer. I'll give it up eventually.

Google is your friend.

Charles

To pick daisies.

nydepot wrote:There are two times a year when any person in NY can lawfully trespass on a RR right of way. Anyone know when it is and have you ever done it?

As a bonus, they have to pay you for doing it too!

Charles

Let's see... Oswego holds Harborfest at an old warehouse next to the former NYC/O&W line each July. The tracks are still active and right in the middle of the festival grounds... so I'm guessing that's one of the occasions.

Interesting topic for sure. This seems weird and a shocker. Can't wait to read the puncher.

In answer to the last reply about a harborfest, I'm pretty sure if you read the original posted question, the way Charles worded it, he is implying throughout all of New York. Not just local to the harborfest. And I seriously doubt they passed legislation across all of NY state just to cover the harborfest attendees.

I'll make a half hearted guess, since I have enough more important things to google. Could it be New Years day, and perhaps Presidents day (or a certain Presidents day) ?

Aji-tater wrote:To pick daisies.

Only in your dreams... lol, if that's what you prefer to do.

Would it be in the winter when a little used (or summer only) railroad is inactive and snowmobiles are allowed to use sections of the ROW?

Not sure of the other one, could it be being around a scenic railroad where they aren't as strict about being close to equipment as compared to the freight roads?

Again, this was worded to imply "universally throughout the state". In other words, all lines everywhere in NY are game for those 2 times.
I'm holding back my tongue from expleting anything further.

On the second reading of the initial post, it's probable Charles meant to say "on a certain ROW" or "on a specific ROW". Kinda tricky there with the lingo lango, sir.

You have to read these laws carefully. They don't actually go back and change the text in the law books. Instead, they pass later laws which say "Paragraph 82 is no longer in force", or some such language. And just in case you manage to successfully read and understand the laws of New York State, and pass the bar exam, that's not enough. You have to go to a law school approved by (wait for it) the legal profession (which has a clear incentive to keep the number of lawyers to a minimum).

So it's possible that there's some law which says "You can go pick daisies on New York State railroads" (as the Tater suggests above), but chances are pretty good that it's no longer in effect.

Well done. Although it's more than daisies. Thistles too.

Aji-tater wrote:To pick daisies.

Russ, don't be such a pessimist. I haven't read the law in a while but when I learned about it in the late 90s, it was still in effect. There are plenty of "steam-era" laws in NY still in effect.

RussNelson wrote:You have to read these laws carefully. They don't actually go back and change the text in the law books. Instead, they pass later laws which say "Paragraph 82 is no longer in force", or some such language. And just in case you manage to successfully read and understand the laws of New York State, and pass the bar exam, that's not enough. You have to go to a law school approved by (wait for it) the legal profession (which has a clear incentive to keep the number of lawyers to a minimum).

So it's possible that there's some law which says "You can go pick daisies on New York State railroads" (as the Tater suggests above), but chances are pretty good that it's no longer in effect.