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Railroad easement/right of way #6109405 12/30/15 02:54 PM
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Tenacious Hunter Offline OP
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Got into this discussion with coworkers and customers yesterday, no one really knows the answer. I've tried Google and came up with varied answers as well, haven't found anything specific to Texas though. Is it legal to hunt railroad easement if it goes through your property?


It is our responsibility to be successful under the conditions as we find them.
Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109481 12/30/15 03:31 PM
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It is until you fire off a shot hitting the train. Other than that you can't place any structures within the easement, much the same rules as applies to an OH electrical easement.


How come everybody I meet is a deer hunting expert?
Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109492 12/30/15 03:36 PM
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Tenacious Hunter Offline OP
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So walking the trail beside the train and hunting quail is ok as long as you don't shoot the train? Not questioning your answer but do you have a link or something I can settle this debate with? A casual conversation yesterday has turned into a lunch bet.. Lol


It is our responsibility to be successful under the conditions as we find them.
Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109539 12/30/15 04:04 PM
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Leonardo Offline
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If it is an easement then its still your property. Might not be able to setup a permanent structure but you are still allowed to drive, walk, hunt, or whatever you see fit.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109553 12/30/15 04:14 PM
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I am pretty sure that the railroads own their easements and you can not hunt in them. I know that you cant just go to a railroad crossing and start hunting up the easement.
I dont think that I ever seen a railroad easement going through private land here in Texas that wasn't fenced on both sides.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109585 12/30/15 04:24 PM
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My coworker has a piece of property that the tracks go by, there is no fence but my understanding is that the railroad does own the property. I said you couldn't hunt it, he said you can. He said they have for years growing up. It's been a while since hunters ed for me and I can't find a straight forward answer with Google? I have found that you can't build a structure, which imo is obvious but if it's not fenced and not posted then I can see where people say it's legal to walk beside and hunt?

Last edited by Tenacious Hunter; 12/30/15 04:25 PM.

It is our responsibility to be successful under the conditions as we find them.
Re: Railroad easement/right of way [Re: huntwest] #6109590 12/30/15 04:25 PM
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Originally Posted By: huntwest
I am pretty sure that the railroads own their easements and you can not hunt in them. I know that you cant just go to a railroad crossing and start hunting up the easement.
I dont think that I ever seen a railroad easement going through private land here in Texas that wasn't fenced on both sides.

There are a couple ranches in Live Oak and Atascosa Counties in South Texas that have a RR easement on their land and they own both sides of the tracks with no fence.


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109648 12/30/15 04:53 PM
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Interestingly we have been dealing with a very similar issue on some property we own in North Texas. The railroads do generally own their own property. Almost a 100 percent certainty in your situation. IF BNSF owned then it will be handled by Jones Lang Lasalle, a real estate company headed by Roger Staubach. They are notoriously difficult to work with and are very aggressive. If you do not have written permission to cross or hunt, then you would be trespassing. If you do have permission, you will know it because you will be forced to pay high insurance rates and fees to the railroad in order to use it. If you have a private or public crossing you can use the crossing number to look up ownership and status online.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109669 12/30/15 05:06 PM
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Bottom line is unless you have trains running thru there every 15 minutes, hunt the darn easement, just be safe about it. It's not like your not going to hear a train coming and can't back out of the easement until it passes. Come on man.


How come everybody I meet is a deer hunting expert?
Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109698 12/30/15 05:18 PM
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I hunted the tracks as a kid in East Texas. Never a problem. We waved as the train passed.


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109720 12/30/15 05:31 PM
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If it is an easement to the railroad, then you will have to go to the source document to determine what property rights were encumbered/acquired. There may be some benefit and use of the property that are still allowed to the underlying fee owner.

Typically the RRs own the land they lay their track on plus a clear/safe zone either side of the centerline of the track. If that is the case, someone walking or hunting in the right of way is technically trespassing or poaching. Just because it is done without getting caught or prosecuted doesn't mean it is legal.

RRs can be zealous when it comes to defending their property - and use the guise of safety to get it done.

Re: Railroad easement/right of way [Re: huntwest] #6109725 12/30/15 05:32 PM
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Originally Posted By: huntwest
I am pretty sure that the railroads own their easements and you can not hunt in them. I know that you cant just go to a railroad crossing and start hunting up the easement.
I dont think that I ever seen a railroad easement going through private land here in Texas that wasn't fenced on both sides.


Main reason for the fencing on both sides is to keep the livestock in. Livestock live to find an opening to get to the "greener" pastures!!

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109742 12/30/15 05:42 PM
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Typically the RR companies own the ROW. They are historically difficult and powerful landowners who don't play well with others. My guess is conductors don't really care about seeing people near the tracks because they probably see it all the time. If the right/wrong person were to see someone hunting from their ROW, they would care, primarily because one of their biggest concerns is safety. Common sense says you can hear a train coming and get off the tracks, but people and cars get hit, so the train companies are very sensitive to their ROW and who is on it. When TxDOT and pipeline companies ask for survey permission for a new project, they are often the last to provide (if they provide) and require a ton of safety precautions for simple civil survey of one crossing.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109979 12/30/15 08:35 PM
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I bet train conductors see some nice deer.


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Haven't had it in years but never spit any out.


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109988 12/30/15 08:44 PM
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RR easements belongs to the RR considered private property and consider trespassing.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6109999 12/30/15 09:01 PM
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dgilbert is correct. Most Railroads have been in place and their property rights established for very long periods of time. Unless you have proof that some other type of property agreement was reached in the initial land purchase then the property belongs to the RR and merely being on it is trespassing. As mentioned above, an engineer might see you and wave but he's just an employee. If you are on the property, hunting or not, you're trespassing. Based on my experience, RR police don't give much leeway in these instances. Also as mentioned above, if you don't get caught you don't have a problem.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110090 12/30/15 09:53 PM
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Tenacious Hunter Offline OP
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Thanks for everyone's input! My hamburger was very tasty.. Lol I do agree with everyone as far as being safe and hunting them. We had a place when I was younger and we walked beside the tracks too, doesn't mean technically it's legal.


It is our responsibility to be successful under the conditions as we find them.
Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110115 12/30/15 10:05 PM
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<- NOT a lawyer.
Unless there is some deal made when the property was purchased or after, then stepping foot onto a railroad easement is considered trespassing. Trespassing on railroad property is usually a misdemeanor, with monetary and jail penalties. Even going into the easement to retrieve a downed animal is considered trespassing.


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110214 12/30/15 11:19 PM
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confused2 What about driving down the railway tracks in a caddilac ? that'll mess up your transmission pan... flag



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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110224 12/30/15 11:22 PM
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used to hunt rr in Mo. & Ks., never had a problem, that was 45yrs ago, bty, its a great place to hunt


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Re: Railroad easement/right of way [Re: dgilbert] #6110232 12/30/15 11:27 PM
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Originally Posted By: dgilbert
RR easements belongs to the RR considered private property and consider trespassing.


dgilbert, "Short and sweet: answer up .

Was told this by the RR folks in Oklahoma, a RR passes just inside my brothers in-laws place ,(now his place). The one we ran into was actually a RR inspector iirc. They (family) had a blind set just on the edge of the gravel, inspector asked them to move it off a foot. They where worried about flying debri.


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110291 12/30/15 11:58 PM
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There's an old railroad easement on our place. On the border of another property. One fence there now right down the center. Not sure if it was any different back in the day but I might have to find out. I know they built up some barriers of dirt on both sides. When they ripped it all out they left some poles sticking up out of the ground. One of the farmers found one somewhat recently with his truck.


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110325 12/31/15 12:13 AM
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Old non use easements are typically sold or given back to landowner whose propriety they go through. I have a piece of property with the defunct Fort Worth to Abilene line. Shut down in the 50s. I own that property it was deeded back to my grandfather in the 60s.

Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110420 12/31/15 01:09 AM
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When I grew up every one went to the rr to target practice and hunt, no problem then. When we got into shooting 2 years ago we went out on the rr at a place where it was built up at least 20', a heck of a back stop very safe. We sat up targets, took one shot and saw a maintenance pick up coming down the tracks. I sat the rifel down and waited for him to pass. However he stopped for a "friendly chat" he explained thouraly that we were trespassing, and he would be happy to call their private police agency if we did not leave imeaditly I apologized, loaded up and went home. I have not stepped foot on a rr row again. bolt scared


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Re: Railroad easement/right of way [Re: Tenacious Hunter] #6110619 12/31/15 02:35 AM
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I guess the confusing part of this is a ROW and easememt arent necessarily the same thing. If they own the land then i am certain it would be against the rules.

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