Blasius

This matter concerns appeals and cross-appeals from the judgment in an action to declare a public easement for use of a road along the side of an irrigation canal.

Defendants Jon and Robin Blasius (collectively the Landowners) appeal from a judgment which declares and enjoins interference with a public easement for a right-of-way and recreation along the portion of their property crossed by an irrigation district canal. They contend the trial court erred in finding a public easement. We conclude the public acquired an easement for passage and recreational purposes before March 4, 1972, in the manner provided for under Gion v. City of Santa Cruz (consolidated with Dietz v. King) (1970) 2 Cal.3d 29 [ 84 Cal.Rptr. 162 , 465 P.2d 50 ] (Gion-Dietz). We also conclude the easement was not extinguished or otherwise affected by the enactment of Civil Code section 1009, which prospectively imposes restrictions on the acquisition of a public easement. (See Stats. 1971, ch. 941, § 2, pp. 1846-1847.) We also conclude the trial court did not err in awarding attorney’s fees to Friends of the Trails under Code of Civil Procedure section 1021.5.

We will affirm the judgment and the…