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Franconia Trip 1-18-2011

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Franconia ended up being an interesting day on Monday. Hunting for those little elusive meteorite critters proved difficult for me while others kept finding them one after another! Never heard anyone other than Jason on the radio, so not sure who all showed up. I hope they had better luck than I did!

Something new and interesting and very disappointing happened to me. On the way back to my truck, I noticed this SUV parked behind me. As I approached I could see someone walking around my truck. Now within 100 yards, this guy gets in his SUV and takes off. I am thinking "oh-great" my truck just got busted into. Well, I was wrong. Instead, I find this nice little pink warning ticket on my windshield from the BNSF "Resource Protection Team" stating I was in violation of ARS 13 - 1502 which is Criminal Trespass 3rd degree.mad0229[1].gif

I was parked in one of the pull outs along the tracks.

Well, I am glad it was only a warning ticket, but this brings up a very serious issue for hunting the North side of Franconia.

Technically, it is illegal to cross this train track at this location, it is illegal to travel on their railroad right of way. It is illegal to park in those pull outs along the "their" right of way. Even though there is a crossing there, the little bitty no trespassing sign is posted.

Even if one were to park outside of their boundary on the south side of the tracks and walk across, it is still trespassing.

So, are there any legal types here or anyone the knows the law in regards to this. The signs are posted. How does one then gain access to the land on the north side of the tracks? If you can not cross the tracks they have blocked total access.

I know Jim Smaller noted this is one of his posts a few years back.

The law is posted below....


13-1502. Criminal trespass in the third degree; classification

A. A person commits criminal trespass in the third degree by:

1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.

B. Criminal trespass in the third degree is a class 3 misdemeanor.

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Correction in the date. I meant 1-17-2011


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Aloha Jim,

Been and done that BUT I escaped in the nick of time. Apparently parking within 100 feet of the tracks is what they dont want. you were probably turned in my the train engineer as he rolled past and saw your truck parked on THEIR area.mad0229[1].gif

Missed going to Franconia since a bunch of guys from Hawaii showed up last minute and decided to hit a bunch of geocaches around vegas and from boulder city all the way to kingman. What a day! Glad we had great weather for it BUT I would have preferred spending my time swinging a coil instead of geocaching.

Looking forward to getting out there this coming weekend tho.

Aloha and watch out where you park in the future.

Stan aka Ka'imi

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Maybe I can shed some light on this subject. Unless someone files a permit to build a home in the tract and the county files for permits to cross the tracks at a certain location it’s a mute point. You have no reason to be in the area. Given the terrorist treats on our railways you will be a suspect at all times. It was just a matter of time before the engineers would report the parking on or near the tracks. Everybody will get a warning with license plates documented for evidence. If you have property or a reason to be in the area by ownership you may not be liable for a fine or worse. Here is the scenario.


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