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Do.Not.Mess.With.RR.Property
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swchandler



Joined: 08 Nov 1993
Posts: 8957

PostPosted: Tue May 01, 2018 4:49 pm    Post subject: Reply with quote

Where I live on the California coast, the train tracks run right through town. Yet, what really surprises me though is how many folks are regularly hit and killed by the train traffic here. It's always in the news. Needless to say, some might consciously choose to die that way, but in the big picture, I can appreciate the need for some laws and penalties to avoid the kind accidents and disaster that can happen.

Now, looking into isobars' dilemma, I can understand his interest in collecting whatever he could salvage from his disaster. He definitely took a big hit, and I seriously doubt that he was found loitering on the railroad tracks. I'm thinking that he has a good chance of getting off the hook given his sad and costly story, especially if he can do it in a touching tearful way.

But, we have to remember that he has been strongly outspoken for years ragging and complaining about the railroads and their strong enforcement policies along the Columbia River. Who knows, maybe his negative diatribes have leaked out into the bigger world and he's ultimately destined for a spanking.
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dllee



Joined: 03 Jul 2009
Posts: 3856
Location: East Bay

PostPosted: Tue May 01, 2018 5:12 pm    Post subject: Reply with quote

Handful of years, I'd hike the 5 miles from Jalama to Gov-Coho before I found friends with boats. All thru railroad property..and hostile landowners.
I've heard the awful stories, jail time, prosecution, and big fines but I was lucky and extremely cautious to avoid ANYone and stay low pro.
Sometimes, you gotta go, even though society says no.
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westender



Joined: 02 Aug 2007
Posts: 1073
Location: Portland / Gorge

PostPosted: Tue May 01, 2018 8:04 pm    Post subject: Reply with quote

Barney Fife nabs Iso. Was the cop from Mayberry?
https://www.oregonlaws.org/ors/131.880
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kmf



Joined: 02 Apr 2001
Posts: 464

PostPosted: Wed May 02, 2018 9:12 am    Post subject: Reply with quote

So instead of pointing fingers, let's make this a learning moment. How do we get permission to enter RR property to retrieve our stuff from the water edge? There must be a way to call RR police so as to be escorted to the area. I have never paid much attention to the no trespassing signs along the RR right of way, do they include a tely# for this purpose?

KMF
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U2U2U2



Joined: 06 Jul 2001
Posts: 4687
Location: Shipsterns Bluff, Tasmania. Colorado

PostPosted: Wed May 02, 2018 10:44 am    Post subject: Reply with quote

https://www.up.com/aboutup/contact/index.htm

Itís exceeding difficult to look for phone numbers, emergency or otherwise. DUHhhhhhh

I would call till I spoke to the correct person of authority.

Point fingers .The learning experience, the knowledge of railroad policy in trespass cases , are they well documented along the river ?

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biffmalibu



Joined: 30 May 2008
Posts: 425

PostPosted: Wed May 02, 2018 11:32 am    Post subject: Put on your wetsuit and walk. Reply with quote

Do not drive on RR property. If you want to trespass on RR turf without hassle, I suggest walking. In your wetsuit. As a sailor, it is completely legal to land virtually anywhere when you are in distress. It's an old maritime law and universal courtesy that trumps all other laws. If you want to be extra-sure you don't get hassled, leave your wallet and ID behind. Otherwise, just be respectful of the property owner whose turf you land on.
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bericw



Joined: 07 Mar 2006
Posts: 54

PostPosted: Wed May 02, 2018 1:28 pm    Post subject: Reply with quote

Perhaps I am being hypocritical by responding to this post (I have previously and more than once asked, hopefully respectfully, the originator of this topic to please never acknowledge my existance; please just blame me, not them), but I personally must note and thank all of the other people that were involved, and I have been informed that there is some misinformation being shared.

I was adverted to the situation by observing from afar by what appeared to be two clusters of people down in the water. I think one group was with lost kit, the other group with the individual that lost the kit. Apologies if this is incorrect. Thank you to all of those people from me. I followed a sailor to the shore and think I was advised that someone was in serious trouble. I suggested that if that were the case, perhaps the sheriff should be called. I think I was advised that the sheriff would be called. I sailed out to the lost-rig individual. I observed one sailor connecting the individual to their own kit via a rope. I advised the two that the sheriff was being called, and asked was that a necessary action? My perception is that difficulty was experienced communicating. My subsequent action was to take over the tow after a bit, when asked, to supply my dumb-donkey (substitue 3 letter word; no push ups, Thanks Red) power. I am expressly thanking the individual that sorted it all out and initiated the tow. After arrival to the shore, I think there were at least five emergency response vehicles. I am sure that I speak for our entire community when I say thank you very much to all of those people as well. I will attempt to follow up with those organizations to express appreciation for their response.

With respect to rules, something to perhaps consider is what I recently discussed with my children; what is the difference between breaking some rules and breaking other rules? Certainly, breaking some rules can be totally abhorent with respect to others, but where is the line between breaking rules in a "bad way" v.s. breaking rules in a "good way"? Is it always clear? Who is the judge for that? Is it the same for everyone? What is any rule if any individual can determine that breaking that rule is "not bad" for their specific case? In the context of my private family discussion, is breaking any rules the appropriate means to demonstrate disagreement with breaking any other rules? Please note that I am not suggesting that my little glass house of behavior is secure, or that I know anything.

At the very least, perhaps we may rest assured that justice is a hot topic; please see Plato's Republic.

I will choose to ignore the innuendo.

More time lost.

Have a great day everyone. I say good day.
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rigitrite



Joined: 19 Sep 2007
Posts: 458
Location: Kansas City

PostPosted: Wed May 02, 2018 2:52 pm    Post subject: Reply with quote

To be clear, I just wanted to call Mike on his CONSIDERABLE bull shit:

"Rules for all of you, unlimited liberty for me!"

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goiner



Joined: 04 Jan 2001
Posts: 4

PostPosted: Wed May 02, 2018 8:59 pm    Post subject: My criminal trespass experience Reply with quote

Offering some advice:

I was cited with 2nd degree criminal trespass several years ago, for crossing railroad tracks.
The fine is maximum $5000 and/or 1 year in washington. That is the maximum.

After my first arraignment, pleading not guilty, i hired a good criminal defense attorney from seattle.

The plan was to drop the fines to $1000 and/or up to 90 days in jail, but do a stipulated order of continuance. This meant no crossing railroad tracks in the vicinity of my offense for one year. If I succeeded in that, the charges would be dropped.
If I failed, then the fine imposed.

I succeeded...the charges were dropped and i paid a minimal court cost of $250.

The key here, is CRIMINAL record. In washington this goes on your record as a Y which means any time you are stopped by police...they know you are a criminal...but not what type immediately.
Expect to be pulled from car, slammed against hood and possibly handcuffed....this was advice given to me by lawyer.

It is very important to expunge that Y from your record at most any cost.
It may mean the difference between getting a job, buying a house, or another type of loan.

I was unable aquire a new job when I stopped my old one.
Ridiculous? Yes it was.
Furthermore, you must state on any future application that you have a criminal event, but are not a criminal if you succeed as did I.

But one must play by the rules...so I would fight this and try.

Bob
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U2U2U2



Joined: 06 Jul 2001
Posts: 4687
Location: Shipsterns Bluff, Tasmania. Colorado

PostPosted: Wed May 02, 2018 9:22 pm    Post subject: Reply with quote

https://www.oregonlaws.org/ors/164.245

http://www.oregoncrimes.com/oregon_criminal_trespass_offenses.html

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