No I don't think they can do anything to someone walking on a public street overpass. It would be different if it was a pedestrian overpass that is RR property, like the BAY Street platform connector bridge.
Current US law does allow photos to be taken from platform level because even though the RR property is generally private, the stations and platforms are considered public domain for typical transit agencies..
They really Depend on Trains out East only three or four trains a day used the track through My hometown of Cross Plains Wisconsin where I live.
Thank you Corey as you can imagine the whole state of NJ is busy and crowded. I don't mean crowded in a bad way like don't come here, I mean a fair amount of people in such a small state. NJ is basically sandwiched between NYC and Philly, this whole region of the US from Boston to DC is pretty much populated. I guess due to the cities, but our geographic history as well, that being said...
Jersey city is right across the river from NYC and east of Newark, taking this train "PATH" is basically an extension of the NYC subway as most people refer to it as. Newark Penn and Harrison Station are stations right along the Northeast Corridor which is the busiest passenger rail corridor in the US. We do have our fair share of freight trains but no real good connections, into NYC itself. They still use float barges across the New York Bay for local freight trains. Or freight trains have to detour up to Albany via the Selkirk hurdle. Since the economy took a dive I have noticed freight trains have decreased in the NYC area, while the demand for passenger trains have increased.
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Photo taken in Journal Square, Jersey City, NJ, USA
Misplaced? Suggest new location