(a)        Offense. – A person commits the offense of trespassing on railroad right-of-way if the person enters and remains on the railroad right-of-way without the consent of the railroad company or the person operating the railroad or without authority granted pursuant to State or federal law.

(b)        Crossings. – Nothing in this section shall apply to a person crossing the railroad right-of-way at a public or private crossing.

(c)        Legally Abandoned Rights-of-Way. – This section shall not apply to any right-of-way that has been legally abandoned pursuant to an order of a federal or State agency having jurisdiction over the right-of-way and is not being used for railroad services.

(d)       Classification. – Trespassing on railroad right-of-way is a Class 3 misdemeanor. (2000-146, s. 10.)

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Terms Used In North Carolina General Statutes 14-280.1

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3