Speaking of the Little juniata Court Decision

[JackM]

At the following DEP web page, you can download the 4 Meg PDF file of the decision issued by the County Judge:

Touch Here, then on the left, touch Recent Decisions

It makes an interesting read so far.

 

[littlejuniata]

Thanks for that Jack, I have been waiting for a link to the complete opinion. A quick glance brings up a quick question. Assuming that Northfolk Southern is a public utility, is a public utility permitted to lease land for the sole purpose of denying access to a public waterway??

 

[JackM]

As far as I know being a public utility means only that they are regulated by the government. I am not aware of any restriction on the use of their land. I think they own it just like any other private entity and can restrict access to it, sell it and grant easements for use as they please. Exhibit A to the opinion should be very useful to anyone wishing to fish the river section in question.

 

[salvelinusfontinalis]

correct me if im wrong here. the susquehanna river beside columbia in lancaster county is all closed to the public. i even belive it might be norfolk southern that owns the land. it is closed to the public due to deaths on the railroad tracks. since to land is railroad owned by a private company or goverment they can enforce any laws they want. this might be uninformed but i belive this is the case.

 

[littlejuniata]

Thanks for the input guys, would it make any difference if the land was taken by eminent domain? I was a little amazed that the land is leased from the railroad, I thought the Espys had bought it. Another matter, why are the insiders the only ones who know about the railroad offering leaes or sale of water frontage?

 

[geangler]

THE COLUMBIA STRETCH OF THE RIVER YOU ARE TALKING ABOUT IS NOT CLOSED TO THE PUBLIC. THERE ARE A LEAST 2 EASEMENTS (ACCESS TO THE RIVER) VIA PUBLIC ROADS. THE PFBC OWNS A BOAT LAUNCH AT ONE OF THEM. THERE ARE SOME PUBLIC ACCESS SPOTS ALONG THE COLUMBIA STRETCH TO GET TO AND FISH FROM SHORE. THE PROBLEM WITH NORFOLK SOUTHERN IS A LITTLE FARTHER SOUTH IN WASHINGTON BORO WERE THEY CLOSED SOME OF THEIR ACCESS POINTS TO THE RIVER AND DISMANTLED ALL THE OLDTIMERS DOCKS THEY HAD DATING BACK 50 YEARS.
GEANGLER

 

[Squaretail]

I lived in Columbia when that happened. Some drunk kid swinging off a rope into drought conditions. Obviously it was Norfolk Southerns fault so the family sued. There was always parties going on down there, it was pretty much a part of Columbia. "River rats" is what they called themselves. Used to have some real fun down there time to time. I believe where Sal is talking is where Norfolk Southern owns the land from the tracks all the way to the river, is no trespassing. Except where they have the land leased to the cottage/trailer/campsite owners. Geangler you are so right. That was the talk of the town when it happened, young and old alike. I remember them rebuilding docks a week after they were torn down only to have them torn down again. I find no joy in the young mans death but to deny so many others that had their spots down there for literally generations by suing for millions because of your sons irresponsibilty? How could that make anyone true to the heart feel better? It certainly isnt justice. Might as well sue the booze company for forcing too much alcohol down his throat.
Money sure can make people do strange things.