HALEIWA, Hawaii — A beachfront home at Rocky Point on Oahu’s North Shore partially collapsed onto the sandy shoreline on Tuesday as waves washed up the beach. Parts of the home also swept into the ocean.
The following day, the attorney general filed a complaint asking the First Circuit Court on Oahu to award damages to the state for removing unauthorized erosion control measures and debris and restoring the natural resources. The state is also pursuing a temporary restraining order against the property owner, Joshua VanEmmerik, according to a news release.
The state owns the land up to the highest wash of the waves, while the Department of Land and Natural Resources has jurisdiction over land makai of the shoreline. The area in front of the home, at 59-147 Ke Nui Road, is part of the state conservation district.
On Tuesday, after the home collapsed, DLNR staff went to the site, where they saw large pieces of cement, wood, glass, electrical components, rebar and geotextile fabric covering the state land between the property boundary line and the ocean.
In the complaint, the state makes four specific requests:
- Injunctive relief to have all unauthorized erosion control devices and debris removed from state land,
- A permanent injunction, which would prevent the property owner from placing any more structures on state land,
- That the Court confirms the state owns the land that is under the unauthorized solid materials in front of the property,
- And the Court award damages to the state for repairing the natural resources affected by the property owner’s alleged illegal 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 in a statement.
“Private landowners take a risk when they allow structures to be so close to the shoreline,” said Deputy Attorney General Danica Swenson, who is the lead attorney for the state on the case. “The people of Hawaii are now confronted with the consequences of property owners’ failures to take heed of the ocean’s warning signs of erosion.”
DLNR’s Office of Conservation and Coastal Lands is coordinating with the City and County Department of Parks and Recreation to remove the debris from the shoreline.
Below is a timeline of events proceeding Tuesday’s collapse of the beachfront property:
VanEmmerik purchased the home in 2021 for $1,025,000. He also purchased the adjacent property at 59-147A Ke Nui Road in 2022 for $1,075,000, according to public records.
In 2021 and 2022, OCCL issued VanEmmerik notices of alleged violation related to unauthorized erosion control measures placed in front of his property, which included pouring concrete over polypropylene sandbags. According to the complaint, OCCL and VanEmmerik entered into a settlement agreement, which required the removal of the erosion control measures by Sept. 30, 2023. However, OCCL staff went on Oct. 2, 2023, to the property and observed remnant cement pieces and geotextile tubes were still in the sand.
Also in Oct. 2023, the City and County of Honolulu’s Department of Planning and Permitting informed OCCL that the property was “at risk of failure.” This prompted OCCL to send VanEmmerik a letter encouraging him to work with DPP to relocate the home. In reply, VanEmmerik again requested to place temporary erosion control measures on the state land in front of the property, while telling OCCL he would continue to look for alternative solutions. In the complaint, the state said they are unauthorized to grant emergency permits when there is an outstanding violation.
By early Nov. 2023, OCCL learned workers allegedly filled geotextile tubes with sand, placed them in a trench dug on the state land in front of VanEmmerik’s property, and then covered them with sand and a geotextile cloth. In response, OCCL issued another notice of alleged violation to VanEmmerik for the unauthorized erosion control measures on state land and, in the conservation discretion, warranting removal of all materials and fines.
The violations from the Nov. 2023 notice of alleged violation went before the Board of Land and Natural Resources on Dec. 7, 2023, who issued a fine of $77,000 for the erosion control violations. VanEmmerik requested a contested case hearing. The contested case hearing is ongoing and does not have a date set for a disposition.
According to the complaint, VanEmmerik did not try to remove the materials falling from the home before or during Tuesday’s collapse. Also, DLNR never authorized any erosion control measures that occurred on the state land.
Michelle Broder Van Dyke covers the Hawaiian Islands for Spectrum News Hawaii. Email her at michelle.brodervandyke@charter.com.