Need some help here..........

orchidman

Was listening to one of our national talkback radio stations yesterday and reference was made to a 'House Joint Resolution number 76' that was passed and signed into law recently in the USA. It was described as a 'Bill that will allow homes to be searched without warrant'.

I managed to find this : H.J.Res.76 - Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the Washington Metrorail Safety Commission.


............but cant seem to find out exactly what the details were in the bill.

Any help will be appreciated.

JerryBobCo

orchidman wrote: »

Was listening to one of our national talkback radio stations yesterday and reference was made to a 'House Joint Resolution number 76' that was passed and signed into law recently in the USA. It was described as a 'Bill that will allow homes to be searched without warrant'.

I managed to find this : H.J.Res.76 - Granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the Washington Metrorail Safety Commission.


............but cant seem to find out exactly what the details were in the bill.

Any help will be appreciated.

Here's what I found.

https://congress.gov/bill/115th-congress/house-joint-resolution/76

According to this web age, it has to do with Virginia, Maryland and D.C. establishing a metro-rail system. I didn't see anything about homes being searched without a warrant.

In other words, I found the same thing you did.

CaliFFL

I saw this on social media. I could not find anything to confirm a 4th Amendment violation.

NCFUBAR

Way down there is a section ... Art IV - Powers Section A-31-b

“(b) Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass. The Commission shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises as a result of such activities;

The way I read it is this gives the rail system access thru adjacent property under guidelines yada yada yada ...

Varmintmist

ROW wording. The RR workers can pass through any property adjacent to the tracks so that they can access the railway for the purpose of performing necessary functions that go with the operation. EX I work in the little huts that control the track switches. Most you can get to down the RR ROW (right of way) along the tracks, but there is one that is a hump across a guys yard. No way to drive to it unless you are one of the RR guys with the little train wheels on their truck.

orchidman

Cool. Thanks guys for clearing that up. It was being touted as an infringement on the 4th Amendment to all extents and purposes.

Teach

It's basically the same sort of access an electric company or telephone company has to maintain and/or repair their lines. I've got a couple of power lines crossing my property, and the local power guys have pretty broad access rights to resolve a power failure, etc. That would include cutting tree branches, or sometimes dropping an entire tree that interferes with their lines or poses a hazard in an ice storm, etc.
Jerry

Gene L

I believe it's called "eminent domain." Second thing is, a private entity like a railroad, isn't capable of violating 4th Amendment...The Bill of Rights only limits what government can do.

orchidman

Gene L wrote: »

I believe it's called "eminent domain." Second thing is, a private entity like a railroad, isn't capable of violating 4th Amendment...The Bill of Rights only limits what government can do.

Yep. We have the same thing over here.
I figured that it was 'false news' cos if the announcer had been correct, I would have read about it on here.

Varmintmist

Eminent Domain is where the govt takes personal property for public use, or it is abused by the govt in favor of developers to word it as public "good" as explained by the govt. Rails to trails in the east is a example. It was supposed to revert to the landowner, and was stolen by the govt for recreation. In the west a lot of the rail beds were on govt land to start with. Ask the pres. he knows all about that.

This is ROW (right of way) law. A entity has to have access to their ROW. Normally the property owner or prior property owner sold the ROW to the utility, RR, gas transmission co.... or whatever and that is part of the agreement. I sold a gas transmission ROW along the back of my property. The gas company, a affiliate, pipeline company or a contractor working for the same with a valid work reason, can come and go as they please. Cut trees encroaching, repair pipe, or inspect the ROW. That doesnt mean they can come into my house, or even my yard, but if they have to cut through the woods next to the ROW, sure.

What this law does is establishes a tri state commission to inspect rail lines, and use the ROW in place.

tennmike

Varmintmist got it right. It's ROW law and has been in place forever most places. They have a right to access the power lines, rail lines, gas and oil lines on the ROW on private property. Some of the 'black helicopters clown squad' media is making it out to be that they can enter private residences. It never was nor has been that way. Now if you have a moonshine still or marijuana grow plot back there on the North, South, East, or West 40 that is close to the ROW, it might be a good idea to plan on moving that operation to a more secluded spot away from the ROW! :roll2:

Teach

A neighbor got lucky- - - -his pot garden was about a foot away from the border of the railroad ROW behind his house. That made it a local charge instead of federal when he got arrested!
Jerry