An action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by a nuisance, as defined in Section 3479 of the Civil Code, and by the judgment in that action the nuisance may be enjoined or abated as well as damages recovered therefor. A civil action may be brought in the name of the people of the State of California to abate a public nuisance, as defined in Section 3480 of the Civil Code, by the district attorney or county counsel of any county in which the nuisance exists, or by the city attorney of any town or city in which the nuisance exists. Each of those officers shall have concurrent right to bring an action for a public nuisance existing within a town or city. The district attorney, county counsel, or city attorney of any county or city in which the nuisance exists shall bring an action whenever directed by the board of supervisors of the county, or whenever directed by the legislative authority of the town or city.
§ 731.Action By Person Whose Property Affected; Civil Action In Name of People of State
Title 10. Actions In Particular Cases · Chapter 2. Actions for Nuisance, Waste, and Willful Trespass, in Certain Cases, on Real Property · Last amended 2011 · Last verified July 28, 2026
In one sentenceSection 731 lets anyone whose property or personal enjoyment is injured by a nuisance sue to enjoin or abate it and recover damages, and separately authorizes a public prosecutor to bring a civil action in the People's name to abate a public nuisance, with a duty to sue if directed by the local governing body.
Full Text of § 731
Plain-English Summary
This is the general nuisance-action statute for real property. Anyone whose property is injuriously affected, or whose personal enjoyment is lessened, by a nuisance as Civil Code § 3479 defines it can sue, and the judgment in that action can both enjoin or abate the nuisance and award damages.
Section 731 also covers public nuisances, defined by Civil Code § 3480. A civil action in the name of the People of California can be brought by the district attorney or county counsel of the county where the nuisance exists, or by the city attorney of the town or city where it exists — with concurrent authority when the nuisance sits within a city or town. That prosecutorial discretion isn't unlimited: the relevant county board of supervisors or city legislative body can direct that officer to bring the action.
Frequently Asked Questions
Who can sue to stop a private nuisance under § 731?
Any person whose property is injuriously affected, or whose personal enjoyment is lessened, by a nuisance as defined in Civil Code § 3479.
What relief can a plaintiff get in a private nuisance action under this section?
The nuisance may be enjoined or abated, and damages may be recovered.
Who brings a public nuisance action in the name of the People?
The district attorney or county counsel of the county where the nuisance exists, or the city attorney of the town or city where it exists.
Can a public official be forced to bring a public nuisance action?
Yes. Section 731 requires the district attorney, county counsel, or city attorney to bring the action when directed by the county board of supervisors or the town's or city's legislative authority.
Amendment History
Amended by Stats 2010 ch 570 (AB 1502),s 2, eff. 1/1/2011.
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: california nuisance action statutepublic nuisance lawsuit californiaabate nuisance real property