A Los Angeles County Superior Court judge has rejected Malibu’s bid to wrest ownership rights of hiking trails from the Santa Monica Mountains Conservancy, on the argument the agency has not been adequately managing vegetation along the trails, contributing to recent wildfires, 

SMMC oversees natural lands in Southern California, according to Legal Newsline, which on Thursday reported the judge's decision.  

Malibu filed the lawsuit in April against the SMMC and the Mountains Recreation and Conservation Authority, accusing them of mismanaging equestrian and hiking trail easements near Escondido Canyon Park. The lawsuit also argued that a lack of adequate parking was leading to public safety issues for trail users.

The complaint argued that the city, which was incorporated in 1991, had ownership rights to the trails based on a section of the Streets and Highways Code. The law provides for “county highways” within a proposed city’s borders to be transferred from county to municipal ownership once a territory is incorporated, according to the city, and recreational trails fall into this definition of “highways.”

But Judge Michael E. Whitaker disagreed with that interpretation, saying the term “trail” in Section 960.5 does not apply to the hiking trails in question.

“Section 960.5 refers to county highways by the various names they take, including road, street, avenue, alley, lane, drive, way, place, court and trail,” Whitaker said in his Sept. 1 opinion. “In context, it does not appear ‘trail’ … refers to recreational hiking or equestrian trails as a type of public highway. To hold otherwise would transform the meaning of ‘trail’ into something markedly dissimilar to the other items in the list, all of which are otherwise vehicular roadways and highways, not recreational hiking or equestrian trails.”

Whitaker also agreed with the defendants that a statute of limitations of, at most, four years applies in this case and that Malibu waited too long to attempt to assert ownership of the trails.

“The only reasonable inference to be taken from these facts is that ‘for decades’ prior to 2024, (the city of Malibu) had an actual understanding that (the defendants) were the owners of the trails in question and (the) city had constructive notice of the legal argument it now raises,” Whitaker said.

In early January 2025, a wildfire sparked in the Santa Monica Mountains of Los Angeles County grew to destroyed large parts of coastal communities Pacific Palisades, Topanga, and Malibu. The fire burned for about three weeks, killing 12 people and destroying nearly 7,000 structures before being contained.

The SMMC welcomed the judge’s decision, which bars Malibu from amending its complaint because such an effort “would be futile.”

“This is a significant victory for the public trails of the Santa Monica Mountains,” Miguel A. Luna, who chairs the SMMC, said in a statement emailed to the Southern California Record. “These trails have been managed for public use for decades, and the court has recognized that the city of Malibu cannot now assert a new claim of ownership based on a legal theory that does not apply to recreational trails.”

In a statement, the city expressed disappointment with the ruling and said it would evaluate its next steps, including a possible appeal, once the Malibu City Council provides additional direction.

The city, however, indicated it was open to resuming discussions with the defendants to resolve concerns and ensure that trails within the city are well-maintained and safe for users.

“That door has not closed,” the city’s statement says. “The city remains willing to work with MRCA toward real improvements in trail safety, parking, closure enforcement and vegetation management. … The council will review the court’s ruling and decide on an appropriate course of action in the coming weeks.”