Originally Posted by Dave Parker
Dave: One of the things that concerns me with these threads is the thinking that folks have that they have an "unfettered" constitutional right to take pics on public property. That is not true. No right is "absolute".
Originally Posted by DBP
So I agree that to go off "half cocked" screaming about rights is likely to result in diminished freedom. If you constantly petition the courts you may be disappointed in the decisions.
In situations such as this (at least before the UP climb down) I think it is important to keep two thoughts in mind:
1) It is easier for "functionaries" to be safe and say "NO" than to take a risk and say "YES".
Therefore, as regards shooting pics in "questionable" circumstances.
2) It is better to beg for forgiveness than to ask for permission!
DBP: I am an attorney and work in R/E law. The rights-of-way conveyed to RR's and other common carriers by the grantor (property owner - whether public or private) include all of the rights of control as if the grantee were the fee simple owner of the property.*
With one caveat:
So long as the grantee of the ROW continues to use the property for the reasons vested in the conveyance by the grantor (e.g. to operate a railway line).
*BTW: this usually includes the obligation to pay property taxes.