Is This Illegal?

Dmeyer07 Jul 10, 2006

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  1. Dmeyer07

    Dmeyer07 New Member

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    One day while i was walking by a railroad track i noticed all the bolts and stakes,etc laying around, so i started collecting them. It was just a small bag full ( probably about 300 lbs ). The next day i turned it into the scrap metal place, got 30 bux or so for it. Just curious is that illegal to do? Besides the tresspasing on railroads, is turning otm in for money illegal, do the railroad companies re-use those bolts and stakes?

    Thanks

    Btw. i live in wisconsin, usa
     
  2. BnOEngrRick

    BnOEngrRick TrainBoard Member

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    YES!!!!!! Trespassing AND theft!!!!!
     
  3. OC Engineer JD

    OC Engineer JD Staff Member TrainBoard Supporter

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    It is illegal to remove any part of the railroad without perrmission from the railroad. We have 'scrappers' arrested all the time. Alot of times the scrap company will make a report if someone continually returns with railroad scrap, and then one day, instead of getting thirty dollars, the city and railroad police will arrive and ask for you to verify you have permission to remove the scrap. If you don't, you will be charged. Remember this......1500lbs is a felony.
     
  4. BoxcabE50

    BoxcabE50 HOn30 & N Scales Staff Member TrainBoard Supporter

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    300 pounds is just a little more than an average person can tote around. I am also surprised the scrap yard was lax in not caring where the metal came from....

    :sad:

    Boxcab E50
     
  5. BALOU LINE

    BALOU LINE TrainBoard Member

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    Here in Kingston NY I've had some great chats with the guys at our trolley museum. For years there has been a big problem with theives pulling up the rail from abandoned lines to sell as scrap. At least one yard that I know of has been shut down for trafficing illeagle scrap. Thier defense was they thought abandoned meant it was abandoned.
     
  6. JCater

    JCater TrainBoard Member

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    This question comes up all the time out in the west as well. If the trolley company (read any corporation) still owns the right of way and the property thereon (i.e. rails) then it is criminal trespass and theft of real property. It may be that the right of way has reverted to public trust or private individuals. If this is the case it is still theft if the current owner/gevernment does not give specific permission for entry into the property and removal of scrap.
    John
     
  7. JCater

    JCater TrainBoard Member

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    I should also mention that if the abandoned railroad line is over 50 years old it may also be a federal crime to remove the spikes etc. as they are considered to be part of an historic archaeological site (yes railroads are considered to be important cultural properties under the Federal Antiquities Act).
    John
     
  8. friscobob

    friscobob Staff Member

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    If the scrap metal place hasn't reported you yet, consider yourself very lucky. And, shame on them for receiving stolen property- they either don't know or don't care where this stuff came from.

    Bottom line- consider your railroad scrap metal collecting days over. If you want to take something from a railroad, take pictures
     
  9. Don Rickle

    Don Rickle TrainBoard Supporter

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    post deleted
     
    Last edited by a moderator: Jul 11, 2006
  10. JCater

    JCater TrainBoard Member

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    ....And I forgot to say "welcome to Trainboard." Please don't think anyone here is yelling at you, we would just like to keep you out of trouble :) . The problem is that if everyone starts picking this stuff up, then soon it will all be gone and then we have nothing left of the historic property. Owners of the land also may have plans to do something with the "abandoned" line. I hate to think what would have happened if folks had collected all the rail etc. from what became the Durango and Silverton Scenic Railroad in the years that the line was shut down and "abandoned." Bottom line: preserve the lines as part of our heritage, and along the way you will also stay out of federal court.
    John
     
  11. Stourbridge Lion

    Stourbridge Lion TrainBoard Supporter

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    YES!!!!!!!

    Without their premission you just walk onto their property and stoled things and then sold stolen property.

    :angry: :angry: :angry: :angry: ​
     
  12. E&NRailway

    E&NRailway TrainBoard Member

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    Dmeyer07, not only do you steal from the RR, then sell stolen property, but you are dumb enough to post on here asking if it is against the law?? That's like stealing a car and saying "Oh Gee, I didn't realize it was against the law."

    I don't normally say this or wish this on anyone, but I hope you get caught. It is no wonder railroads are chasing people off the property now, people like you are ruining it for railfans.
     
  13. JCater

    JCater TrainBoard Member

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    Gentlemen,
    I get this sort of question all of the time. Two days ago I had a young woman come into my office with Anasazi pottery she collected with the exact same question. One part of my brain says "do you really think it is legal to collect 1,000 year old artifacts from federal land (or private land without permission)? The other side of me (and the one that usually wins) says "this is a chance to educate someone about not only the law, but the importance of archaeological and historical property. So, no matter how I personally feel, I patiently explain why it is not only illegal, but that it really destroys our heritage. Once this is clear, the majority of folks not only don't do it again, but becomer champions of preservation. Just some food for thought.
    John
     
  14. Pete Nolan

    Pete Nolan TrainBoard Supporter

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    Welcome to Trainboard. The reception to your post was rather blunt, but correct. There are easier and faster ways to make $30, that are legal. The responses are trying to keep you out of trouble.
     
  15. love the a&m railroad

    love the a&m railroad TrainBoard Member

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    yah i can make $30 fast. But i cant blame you.If you thoght it was old scraps.
     
  16. tom huffman

    tom huffman TrainBoard Member

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    nexxt time track side and you notice stuff laying around take note, then go and ask a RR supervisor or anybody in charge that can help you out, should said individual give his/her permission get his/her name AND TITLE of the RR

    Tom
     
  17. Thieu

    Thieu TrainBoard Member

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    In Holland, historical artefacts become property of the owner, as far as I know. And railroad artefacts? Well, I have found some nuts and bolts while walking an old line, and took them as souvenir. But he, I work for the railroad so I have taken our own things with me ;-)
     
  18. CM Coveray

    CM Coveray TrainBoard Member

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    You got some balls!
     
  19. coloradorailroads

    coloradorailroads TrainBoard Member

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    Great job...really...just great

    Guys, I think the guy who started this thread has gotten the point. I understand your frustration at this sort of behavior but blowing someone out of the water for asking a simple question is counter-productive. For perspective, most members of the public don't equate a car with a bent spike or rusted bolt.

    There's not many people who have never -- accidently, of course -- stolen a pen. How about pilfering office supplies from an employer? What about an MP3 from a friend of a favorite song? My point is that petty theft occurs all the time. That doesn't justify the activity in the slightest, but to come unhinged on someone for asking if it's wrong isn't going to win any friends. Besides, losing your cool is just begging for a troll to come along and bait you, if they haven't already.

    John had a good idea of how to handle it.
     
  20. Mr. Train

    Mr. Train TrainBoard Member

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    Dmeyer07
    Welcome to Trainboard (now if you have read this far and are still a member{I hope you are}) you can also see. We here at trainboard take our railfannig very seriously. Ask any question any time there are no dumb question and only few wrong answers but with asking you will get a wealth of knowledge. Again Welcome to train board and go and enjoy some of the other post.
     
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