Two posts by UP today on Facebook regarding a provision in the just-passed Wisconsin state budget to eliminate penalties for people trespassing on railroad property. As there have been much bigger stories regarding the budget for the media to feast on, this has sailed under the radar. Does anyone know anything about this? I’ve been trying to figure out who benefits from this other than photographers wanting to take senior pictures. Given the generally business-friendly Republican government in the state, it seems strange they would make this move.
As it stands, King Walker can veto that provision with his line-item veto, so it may not become law.
I’m no lawyer, but these statutes concern only some forms of trespass, especially buildings. Omission of railroad lines does not mean trespassing there is now legal. Facebook posts are often uninformed.
I’m not sure that document is the statute passed this week. It’s publish date is in May; the budget passed just in the last couple days. Here’s a link to an op/ed to the Wisconsin State Journal by Union Pacific itself from today:
schlimm, I’ve read over the sections you quoted, and for the life of me I can’t find the unanticipated consequences that would decriminalize railroad trespass. Most of what I see appears to concern hunters (or at least people with a reason to carry firearms) … can you point out the specific area(s) that apply to commercial real estate or more particularly railroad property?
I’d think by now that even in a state with populist history (note the comment to the “UP” news story just cited) there should be explicit sections of legislation that clearly define trespassing on active railroad property, and perhaps provide enhanced enforcement, without giving the appearance that the legislature was acting as a ‘tool’ of those evil robber barons who ride the backs of the honored citizens, etc…
I did, on the other hand, see this (not fully cited, but you can go back and use the original quote to determine that):
[quote]
(3m) An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions and it is a violation of sub. (1m) (a) or (am) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified
I think this paragraph would apply to rail RoW. It needn’t specify railroad to be trespassing. Perhaps the UP VP needs to check with legal before writing such a silly letter.
(1m) Whoever does any of the following is subject to a Class B forfeiture:
(a) Enters any enclosed, cultivated or undeveloped land of another, other than open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.
(2) Does any of this go back to the nut-case railroad commissioner several years back that got his sorry butt hauled off for being arrogant & stoopid on W&S (now Watco)?
(3) Nothing linked so far lays out what Uncle Pete or anyone else is directly concerned about. Plus Wisconsin cannot void the federal FRA and OSHA rules that can be applied. So far in this thread, the linkage is not clear.
192.32 Trespassing on railroad.
192.32(1)(1) No person, other than a licensee, authorized newspaper reporter or person connected with or employed upon the railroad, may walk, loiter or be upon or along the track of any railroad. The provisions of this subsection shall not be construed to do any of the following: 192.32(1)(a)(a) To interfere with the lawful use of a public highway by any person.
GENOA, Wis. — Charles Burch was heading to his favorite ice fishing spot, a Mississippi River backwater south of Genoa, when he ran into a railroad detective.
The 74-year-old angler said the cop asked where he was headed.
“Obviously I’m going fishing,” Burch said, retelling the story.
The railroad cop told him if he went across the tracks he’d get a trespassing ticket.
There was no other way to reach the water, so Burch turned around and hasn’t been back to that spot since. Nevermind that he’d been fishing that slough for 40 years.
His experience is an increasingly common one, especially along Wisconsin’s western border, where more than 214 miles of BNSF track separates
The current railroad commish has his head on straight. (thanx wanswheel)
Please note that the complaint is regarding local (not only railroad) police trying to save some of the finer local citizenry from their own stupidity. This surveyor hates doing accident surveys, the fewer the better.
The thing I find hard to understand, in light of the legislative language quoted earlier, is: why would so many people in Wisconsin go fishing with firearms? Wouldn’t dynamite be more sporting?
Same day’s news, July 13. Interesting coincidence.
“I’m in. I’m running for president because Americans deserve a leader who will fight and win for them.” - Scott Walker
"I am vetoing this section because I am concerned that allowing people to walk across railroad tracks outside of a designated crossing impairs public safety.” – Scott Walker