As an attorney at law for the last 41 years, and a railfan for longer, the
question: "Is you is or is you ain't a trespasser." is one of my favorites.
Over the last year or so, TRAINS Magazine has had a columnist who has
repeatedly ranted, articulately ? and correctly ? that anyone has a right to
take a picture of anything they can see from a place they have a right to be.
One also has a right to publish the photo without any compensation to anyone,
the only limitation being that it cannot be used for advertising purposes,
without the consent of people who are in the picture.
Now, the question becomes more narrowly focused onto whether anyone, besides
railroad employees and passenger train passengers, has a right to be on
railroad property. In Missouri, the rail fans' ultimate ace in the hole is
Chapter 11, section 9 of the Missouri Constitution of 1945 [just remember 911
in reverse.] It specifically makes all railroad property in Missouri public
highways. Don't know why, but that's what it says, and I don't suppose
railroads in Missouri are in any hurry to litigate the matter. Those of you in
other states might want to check your state's constitution for what it has to
say about railroads. You, too, may have a free ticket and don't know it.
Lots of things come to mind, but I will just mention one more. Anyplace that is
worn down because of repeated use of the public to "shortcut" from one place to
another ? these often assume a trail- like appearance ? may be considered to
have been dedicated to the public, and therefore public property, even if it
goes across the lawn of a police station, or gated property.
But, in this upside world we live in now it is best not to use your ace in the
hole, until absolutely necessary. What I have said above will get you an "A" on
a law school exam, and gales of laughter in a magistrate's court. Law written
in the books, is not necessarily what you will get in practice, or in court.
Best question of all is: don't railroads have better things to do than to
hassle rail fans with cameras: their best friends?
Thanks to everyone who replied so thoughtfully and kindly to my recent message
about "The Rest of the Story".
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