Ohio Law Question

wsurugby10

wsurugby10

New member
I want to know if it is legal to hunt on Railroad tracks throughout Ohio as long as I don't go on Private land. I've been seeing a lot of coyotes on the tracks and I think I can call them off of private land to the tracks. We've always hunted rabbit along railroad tracks but I don't even know if that is legal. I just don't want to get in trouble with the law. Let me know what you guys think. Any help would be great.

Dan
 
The understanding I have is this:

The railroads in Ohio (and the rest of the US east of the Missisippi River)were laid down with easements from the landowners on either side (railroads west of the Miss. R. were built on land tracts owned by the railroads on either side).

So, in OH per state law you need written permission from "the landowner" carried on your person at all times while hunting AND [likely] writtn permission as well from the railroad to legally hunt the railroad right of way...finding a railroad staffer w/legal authority to sign off will be a challenge, but start with a section chief etc. who will likely direct you to a corporate office and policy etc...

Thus, most people just get a landowner's signature and dispense with the RR signature due to the hassle involved [BUT, you are likely NOT legal doing it that way if you are hunting on the tracks or the embankment and are cited by the warden, though the judge may show some mercy at trial).

You are [more likely] legal with the landowner's signature only if you are on his/her poperty and hunting just at the base of the embankment.

A good question, and don't rely on me as I am not an attorney although I am sure there is case law on this from past OH citations issued...
 
Hello,I am new here and enjoy this site very much. I live in northwest ohio. I had hunted the RR tracks since i was sixteen. Me and my son found out one day while dove hunting along the tracks that you can not hunt RR Tracks in ohio. The RR owns from pole line to pole line. They have RR police that patrol. I was given a warning that day but my name went into thier computer and i was told that if i was ever to get cought hunting any RR Tracks again in Ohio Or Indiana I would be charged with Criminal trespassing. I made several calls and found that this has been the law for some time but it is just a matter of being in the wrong place at the wrong time. I hate to say that i was a Deputy Sheriff in that same county at the time and felt like a boob because i did not know. Hope this helps. Thanks, Barry
 
Thanks Barry. I guess I'm in the same boat as you. My grandfather and myself have hunted rabbit on the tracks and didn't know it was illegal. Without what I have read on here so far how would one know it was illegal? I'm not sure why laws like this aren't posted more readily so more people would know. I talked to an off-duty Wildlife Officer and found out that I had been hunting illegally on some public land around here for quite sometime due to a confusing law. I'm lucky I've never been approached while hunting but if I were I hope these guys would be understanding with these crazy regulations.

I guess I'm just frustrated because my family doesn't have a name around here and no one wants to let someone they don't know hunt on their land. So I guess I'm relegated to hunting on public land.

Thanks for the input,
Dan
 
Barry and wsurugby10:

NO,NO,NO....you missed the point!

You CAN LEGALLY HUNT the RR if you get written permission from the RR...it is just (sometimes) a laborious process, and sometimes not.

Don't let the RR police con you; if they say it is not legal, ask then to SHOW you the legal citation from the Ohio Revised Code [ORC]...they won't have it. nor will they have anything in writing from the RR corporate office, either, even if a policy exists (typically they don't know the policy, but are good at intimidating others...).

Then, pull out your signed, permission-to-hunt on the RR letterhead (as well as the permission per the adjoining farmer's land) and watch the expression on the RR police' faces...

ALWAYS [politely] ask the "police" of any type to SHOW you the law [written copy], don't TELL me the law, officer...

If you're an old Deputy, Barry, you may know this drill when an informed citizen wants to SEE the written law...i.e. let's back off and call headquarters on this.

Agreed, the Ohio hunting law is poorly presented and ORC citations are all lacking in the OH hunter's handbook...I am writing a letter on that to the OH Dept. of Wildlife soon myself as there are a couple errors in the handbook.

And. rugby, farmers will always give permission to hunt on their land for coyote and groundhogs...follow the rules, and get permission in writng first (blank permission slips available at OH DOW District offices); you are not relegated to public land only!!!
 
Quote:
And. rugby, farmers will always give permission to hunt on their land for coyote and groundhogs...follow the rules, and get permission in writng first (blank permission slips available at OH DOW District offices); you are not relegated to public land only!!!



Actually I have had several farmers deny me stating that the Coyotes eat the groundhogs. You must have better luck than I my friend.
 
Hello, Yes you are right, it is legal to hunt the RR Tracks as long as you have written permission. What i was told and what i found out is the RR in my area does not give permission as they do not allow hunting. Which does put the officer in the right of saying it is illegal to hunt those tracks. You are right about being polite when questioning the officer about such laws but, no officer is required to show you the written law from the ORC. He should know the law himself and if he is enforceing that law he does not and will not show you such law in writeing. If you need to see it in writeing i ssure you he will have the judge and prosicutor give you a clear defenition of the law and the ORC in court after he has filed said charges. The only thing a law enforcment officer is required to give you in written form is your meranda warning, your charges and your court date. I promise you that if you are being questioned by an officer and you demand to have him show you in writeing the ORC code he is enforceing you are gonna have your hands full and it wont matter how polite you are. I assure you he will explain to you that he has been yell educated as to the ORC and he will inform you that as a resident of the state of ohio you are required to obide by the orc code and his duty is to enforce such code not to educate you of such code. Needless to say though by the time all is said and done you will have been educated of that ORC code violation by more than one person of our judicial process. Not trying to sound like a smart mouth but that is what will happen. You may very well get permission from the land owner along the tracks but that is where that permission ends and gives noone the right to be on the RR property. I will continue to hunt public and private land with written permission and will not be caught hunting on RR property without written permission. Barry
 


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