SECTIONS 8501-8508 - California Statutes

PUBLIC RESOURCES CODE

SECTION 8501-8508

8501. As used in this article, "person" includes individuals,
companies, partnerships and associations.

8502. It is unlawful to graze livestock on any part of the
unreserved and unappropriated public lands of the United States in
this State when such grazing will or does prevent, restrict or
interfere with the customary use of such land for grazing livestock
by any person who, by himself or his grantors or predecessors, has
become established, either exclusively or in common with others, in
the grazing use of such lands under and in accordance with the
customs of the graziers of the region involved. This article shall
not prohibit the grazing on any part of such public lands of
livestock owned, kept or used for work or milking purposes by any
ranch owner or bona fide settler, for his domestic use, as
distinguished from commercial use, nor prohibit the grazing on such
public lands of any livestock necessary for and used in connection
with any mining or construction work or other lawful work of similar
character.

8503. Customary or established use as graziers, otherwise than
under operation of law, as used in this article, includes the
continuously open, notorious, peaceable and public use of such range,
seasonally, for a period of five years or longer immediately prior
to August 21, 1933, excepting adverse climatic conditions, by the
person or his grantors or predecessors in interest except in cases
where initiated without protest or conflict to prior use or occupancy
thereof. Any change in such customary use so established shall not
be made hereafter so as to prevent, restrict or interfere with the
customary or established use of any other person or persons.

8504. This article shall not be construed to prohibit any such
established user from continuing his grazing use, as established in
accordance with such customs.

8505. Any person who violates any of the provisions of this article
is guilty of a misdemeanor, and independently of the penalty
therefor, is liable to any person injured for all damages sustained
by reason of such violation, and for such exemplary damages as the
circumstances may warrant.

8506. The violation of any provision of this article may be
restrained by injunction, issued by a court of competent
jurisdiction, pursuant to the provisions of law and principles of
equity relating to injunctions.

8507. Nothing in this article shall be construed to prohibit free
transit over and rights in the public domain where such are provided
by the acts of Congress.

8508. This article is an exercise of the police power of the State,
for the protection of the economic welfare and peace of the people
of the State, and all of its provisions shall be liberally construed
for the accomplishment of its purposes. Nothing in this article shall
be construed as amending or repealing existing law regarding the
grazing use of the public lands or of water for the purpose of
watering livestock or as modifying or compromising any valid rights
or priorities as may exist therein at the time of its enactment.