The state of Hawaiʻi has initiated legal action against a North Shore homeowner following the collapse of part of a beachfront home into the ocean. The complaint, filed in the Circuit Court of the First Circuit on O‘ahu, seeks declaratory and injunctive relief and includes a request for a temporary restraining order.
On or about September 24, 2024, the Department of Land and Natural Resources’ (DLNR) Office of Conservation and Coastal Lands (OCCL) received reports that a dwelling in Hale‘iwa was being destroyed by ocean swell. Solid material from the property fell onto state land. DLNR’s Division of Conservation and Resource Enforcement officers responded to find large parts of the structure on state land and debris washing into the ocean.
The DLNR has jurisdiction over land makai of the shoreline, with ownership extending up to the highest wash of waves. The property in question is located within a state conservation district.
The state's complaint requests injunctive relief to remove all unauthorized solid materials, including erosion control devices and debris from state land. It also seeks an order affirming that the state owns this land free from any claims by the defendant. Additionally, it calls for a permanent injunction preventing any structures or debris on state property and asks for damages to repair natural resources affected by these actions.
“The state has a duty to protect the environment, prevent further degradation of state conservation land, and ensure shoreline and beach preservation for future generations,” said Attorney General Anne Lopez.
“Private landowners take a risk when they allow structures to be so close to the shoreline,” said Deputy Attorney General Danica Swenson, lead attorney for the case. “The people of Hawai‘i are now confronted with the consequences of property owners’ failures to take heed of the ocean’s warning signs of erosion.”
Michael Cain, DLNR’s OCCL Administrator, stated that his office is coordinating with local authorities to remove debris from the shoreline.
A copy of Complaint for Declaratory and Injunctive Relief can be found here.