Whenever any person unlawfully closes any public trail, any person who uses such trail or would use such trail, and any association, corporation or other entity whose membership as a whole is adversely affected by such closure may bring an action to enjoin such closure. The prevailing party in such action shall be entitled to recover reasonable attorney's fees, in addition to court costs. As used in this section, a public trail is any trail to which the public in general has a right of access, which right is established pursuant to a recorded document conveying to a political corporation or governmental agency, specifying the nature of such public trail, specifically describing the location thereof, and naming the record owners of the real property over which such trail exists if created by a license, permit or easement. It includes, but is not limited to, pedestrian, equestrian, and boating trails, but does not include any public street, road, or highway.
§ 731.5.Unlawful Closure of Public Trail
Title 10. Actions In Particular Cases · Chapter 2. Actions for Nuisance, Waste, and Willful Trespass, in Certain Cases, on Real Property · Enacted 1979 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 731.5 lets a trail user, a would-be user, or an entity whose membership is adversely affected sue to enjoin the unlawful closure of a recorded public trail, with the prevailing party entitled to reasonable attorney's fees and costs, and defines what qualifies as a public trail for this purpose.
Full Text of § 731.5
Plain-English Summary
Public trails depend on rights established through recorded documents, and § 731.5 gives those rights a private enforcement mechanism. Anyone who uses or would use an unlawfully closed public trail, and any association, corporation, or other entity whose overall membership is adversely affected by the closure, can bring an action to enjoin it.
The prevailing party in that action recovers reasonable attorney's fees on top of ordinary court costs — a fee-shifting rule that makes the remedy practical for individual trail users to pursue. The section defines a public trail narrowly: a trail the public has a right to use under a recorded document conveying that right to a political corporation or government agency, one that specifies the trail's nature, describes its location, and, if the trail arose from a license, permit, or easement, names the record owners of the burdened land. Pedestrian, equestrian, and boating trails all qualify, but public streets, roads, and highways don't.
Frequently Asked Questions
Who can sue to stop the unlawful closure of a public trail?
Any person who uses or would use the trail, and any association, corporation, or other entity whose membership as a whole is adversely affected by the closure.
Can the person who wins this lawsuit recover attorney's fees?
Yes. Section 731.5 entitles the prevailing party to reasonable attorney's fees in addition to court costs.
What counts as a "public trail" under this section?
A trail the public has a right to use under a recorded document conveying that right to a political corporation or government agency, specifying the trail's nature and location, and, for trails created by license, permit, or easement, naming the owners of the burdened land. It excludes public streets, roads, and highways.
Amendment History
Added by Stats. 1979, Ch. 682.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: unlawful trail closure lawsuit californiapublic trail easement enforcement