No, it is not legal to walk on train tracks. Railroad tracks and the strip of land around them are private property, and stepping onto them without authorization is criminal trespass in virtually every circumstance. The only routine exceptions are designated public crossings and former rail corridors that have been formally converted to public trails. More than 500 people die trespassing on railroad property every year in the United States.1U.S. Department of Transportation. Trespasser and Suicide Reports Landing Page
The Tracks and the Land Around Them Are Private Property
Railroads own the rails, the ground beneath them, and a corridor of land on either side called the right-of-way. Under the 1875 General Railroad Right of Way Act, federally granted corridors extend 100 feet on each side of the track centerline, creating a 200-foot-wide strip of private land.2Congressional Research Service. Federal Railroad Rights of Way Not every right-of-way is that wide. Some corridors were acquired through private purchase or state grants and may be narrower. Even the smallest ones are large enough that you can be well off the rails and still be on railroad land.
The Federal Railroad Administration states the rule plainly: it is illegal to access private railroad property anywhere other than a designated pedestrian or roadway crossing.3Federal Railroad Administration. Trespass Prevention That covers walking, jogging, taking photographs, riding ATVs, and anything else you might do within the corridor.
What the Penalty Looks Like
Railroad trespassing is prosecuted under state criminal trespass laws, so the exact classification and penalties depend on where you are.4Federal Railroad Administration. Warning Signs Some states have general trespass statutes; others specifically single out railroad rights-of-way.
In most states, a first offense is a misdemeanor. In practice, the consequences range from a warning or citation for a first encounter to fines typically between $100 and $500, with some states allowing fines up to $1,000. Jail time is possible but uncommon for a first-time walker with no other violations. Depending on the state, misdemeanor trespassing can carry a maximum sentence anywhere from no jail time to up to a year.
Penalties climb sharply when the conduct goes beyond walking. Interfering with railroad equipment, tampering with switches or signals, damaging track infrastructure, or doing anything that endangers train operations can be charged as a felony with prison time measured in years.
One point that trips people up: whether “No Trespassing” signs have to be posted for the law to apply varies by state. Some states require signs at set intervals along the right-of-way before trespassing charges will stick. Others treat railroad property as inherently restricted regardless of signage.4Federal Railroad Administration. Warning Signs The absence of a sign is never a reliable indicator that you are allowed to be there.
Who Actually Enforces This
Railroads do not rely only on local police. Major railroad companies employ their own police forces, and these are not private security guards. Railroad police officers are fully commissioned law enforcement officers with arrest authority equivalent to a state-commissioned officer.5eCFR. 49 CFR 207.5 – Authority in States Where Officer Not Commissioned
Their reach is unusual. Federal law allows a railroad police officer commissioned in one state to enforce laws in any state where that railroad owns property, provided the railroad has given the required notice. An officer can also pursue someone suspected of violating the law on railroad property after that person leaves railroad land.5eCFR. 49 CFR 207.5 – Authority in States Where Officer Not Commissioned Trespassers walking the tracks are a routine part of what they handle. An encounter will typically produce, at minimum, a formal trespass warning on record, with citations or arrests for repeat offenders or anyone engaged in additional illegal activity.
If You Get Hurt, You Probably Cannot Sue
People sometimes assume that an injury on the tracks gives them a claim against the railroad. In most situations, the opposite is true. Railroad companies generally owe very little legal duty to adult trespassers. If you were on the tracks without permission and got hurt because you were there, the railroad’s primary defense is simple: you were somewhere you had no right to be.
There are narrow exceptions. If a train engineer sees a trespasser and fails to take reasonable steps to avoid hitting them, such as sounding the horn or applying the brakes, the railroad may face liability. Operating a train at excessive speed through an area where trespassers are known to congregate can also create exposure. These are fact-specific scenarios that rarely favor the trespasser.
For an injured adult, the practical reality is harsh. Any damages recovered will likely be reduced or eliminated by the trespasser’s own fault. Most claims fall apart before they begin.
The Record Can Follow You
A misdemeanor trespassing conviction creates a criminal record that outlasts the fine. Professionals in licensed fields like teaching, healthcare, law, and engineering are typically required to disclose criminal convictions on initial and renewal applications. A trespassing conviction is unlikely to end a career on its own, but it triggers questions and review processes.
Background checks in transportation, security, government contracting, and any position requiring a security clearance will surface it. Hiring managers in those fields tend to read trespass offenses as a sign of poor judgment around safety rules, which is exactly the quality they screen for. For what may have felt like a harmless shortcut, the collateral consequences can linger for years.
When Crossing or Walking the Tracks Is Legal
The common legal way to cross tracks is at a designated public crossing where a road or pedestrian walkway intersects the rails. These are marked with warning signs, crossbuck markers, and often flashing lights and automatic gates. When the signals activate, you must stop and wait. Ignoring activated crossing signals is a separate traffic offense.
The other exception is rail trails. Under the National Trails System Act, a process called railbanking allows unused rail corridors to be preserved for potential future rail use while serving as recreational trails in the meantime. A trail sponsor, usually a local government, takes over management of the corridor and assumes legal liability for it.6Office of the Law Revision Counsel. 16 USC 1247 – State and Metropolitan Area Trails A converted corridor is no longer active railroad property and is clearly marked for public use. If you are walking on one, you are on a public trail, not trespassing.
Not every crossing is public. Some exist only to give specific property owners access to land on the other side of the tracks, and they do not grant the general public the right to cross. Unless a crossing is clearly marked as a public road or pedestrian path, or the trail is posted as a public recreational corridor, assume the tracks are off-limits.