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(The following story by Richard Ecke appeared on the Great Falls Tribune website on July 27.)

GREAT FALLS, Mont. — On an informal trail south of Great Falls, people on horses trotted by, zoomed on dirt bikes or walked leisurely atop a railroad bed.

The Missouri River wound lazily in the foreground and, in the distance, the Little Belt Mountains jutted out of the prairie.

There’s only one problem with this seemingly idyllic recreational corridor located along Flood Road between Great Falls and Woodland Estates. It’s private land that’s owned by BNSF Railway, which doesn’t want people using it.
The railroad line between Great Falls and Helena is not abandoned, railroad officials said.

BNSF uses the line occasionally, parking railroad cars near Woodland Estates toward the Zahara golf course.

“This line is active. It has not been abandoned,” said Gus Melonas, a BNSF spokesman.

The law is plain, according to the Seattle-based Melonas, who took a firm line on the issue.

“Trespassing will not be tolerated,” he said.

In recent months, BNSF has gotten fed up with people using its property between the Fox Farm area of Great Falls and Woodland Estates, a development about five miles from the city.

The railroad took out several newspaper ads in recent months objecting to “this unsafe and discourteous” use of railroad property near 45th Avenue Southwest and Huckleberry Drive near a BNSF railroad crossing.

“There is a false sense of belief with the public that this rail line, which travels between Great Falls to Helena, is abandoned and turned into a recreation trail for motorcycles, ATVs, hiking, fireworks, etc.,” the railroad advertisement said. “This is a gross misconception; this line is still owned and used by BNSF Railway.”

“I’ve never seen (train) traffic on it,” said Dan Gold, who lives in the area. But Melonas said that’s not the point.

“Whether trains are running or not, the bottom line is they’re trespassing and we will not allow trespassing,” Melonas said. “We do take action.”

Most neighbors in the area have complied with the no-trespassing signs, according to Gold, who lives nearby.

However, he suggested the railroad could perform “a good community outreach” and score “Brownie points” by finding a way to accommodate recreationists.

Roads in the area are dangerous for recreationists, with drivers traveling at high speeds, Gold said. A trail would be safer.

Even so, the railroad noted the property is privately owned. No one is allowed on the track or within 100 feet on each side of the tracks, according to BNSF.

People who trespass in the area can be charged with trespassing or criminal mischief for doing damage. The BNSF Police Department and the Cascade County Sheriff’s Office will enforce the no-trespassing law, according to the railroad.

Gold, a physician, said he can understand the railroad not wanting to get sued if someone stumbles and falls on its property.

“I certainly understand the railroad’s need to protect themselves from liability,” he added. “Everybody sues the railroad. Probably the only ones that have it worse are doctors.”

But, according to Gold, “There are some beautiful vistas down by Woodland Estates. … It is a shame something can’t be worked out.”

“All railroad property is potentially dangerous,” Melonas said. “Public safety is a top concern.”

He declined to comment on whether any citations have been written for trespassing since the railroad’s signs went up, or whether a particular incident prompted the crackdown.

Gold wondered if the railroad might consider granting an easement to allow recreational use of the informal trail.

“Not at this point,” Melonas said.

Uncertainty about the line began in July 2000, when the railroad closed the line as a precaution after noticing the Missouri River was cutting into a railroad bed near Ulm. It didn’t take long for an approximately 50-foot section of bed to wash out, leaving a section of railroad track dangling in the air.

The railroad has not repaired the section of track, choosing instead to reroute traffic to the Great Falls area at Laurel in eastern Montana.

Before the washout, “the line was used for local service,” Melonas said. But he noted the line had seen “a decline in business” in recent years, so BNSF decided not to make immediate repairs.

In 2004, railroad spokesman Pat Hiatte said, “There are no active customers on that line, and we would only rehabilitate it if there was a business with plans to use it and make it viable.”

To reopen the Helena to Great Falls route, “upgrades would be necessary,” Melonas said. So the line remains closed for now.

However, “we’re determined to keep that line,” he added.