Hyperion releases rest of recorded land options

Posted May 9, 2013 at 5:00 am

By Julie Ann Madden

Twenty-four purchase options for land where the Hyperion Energy Center was to be built were released on April 29, according to Union County Register of Deeds Jana Foltz.

“I believe this is all the Union County parcels originally recorded have been released,” said Foltz.

The release of purchase options were all dated either Nov. 19, 2012 or Dec. 5, 2012 and were for land parcels owned by the following:

• Spencer T. Albin and Maria L. Albin;

• Ronald J. Anderson and his successors and assigns;

• Devin Bird and Allison Bird;

• Reid Bird and Collette Bird;

• Bird Living Trust — Ron Bird and Maxine Bird Trustees;

• Yvonne Busker and William Busker, and Richard Fletcher and Margaret Fletcher;

• Charles A. Carpender, James W. Carpender and Bernice S. Carpender;

• Hubert C. Cholick and Deborah K. Cholick;

• Catherine L. DeCourcy;

• Catherine L. DeCourcy and Bernice S. Carpender;

• Phyllis Edwards;

• Craig Eidem and Marie Eidem, 231.57 acres;

• Craig A. Eidem and Marie S. Eidem, 234.35 acres;

• Darin O. Erickson, Gorman C. Erickson Jr., Randy Erickson, Devin L. Erickson and Cory Erickson;

• Brian Hanson;

• Clarence Hanson and JaNice Hanson;

• Luverne O. Hanson and Margaret H. Hanson, individually and as trustees of the Luverne O. Hanson and Margaret H. Hanson UDT Trust dated Feb. 26, 1998 (farmland);

• Luverne O. Hanson and Margaret H. Hanson, individually and as trustees of the Luverne O. Hanson and Margaret H. Hanson UDT Trust dated Feb. 26, 1998 (acreage);

• Suzanne Hanson;

• Trent M. Hemmingsen and Miracle D. Hemmingsen;

• Tim Irwin and Jenelle Irwin;

• Greg Larson and Lisa Larson;

• Alyce Law; and

• Allen Pace and Terri Pace.

The land options were between the Elk Point Economic Development Corporation and the landowners on the behalf of Hyperion Refining LLC.

The request to release the options was filed by Attorney Daniel J. Harmelink of Woods, Fuller, Shultz & Smith PC of Sioux Falls, S.D.

Although the land options have been released, the Hyperion Energy Center land footprint remains in the Planned Development’s industrial zoning.

“As you know, DENR recommended we reapply for the air permit rather than apply for an extension, and we continue to explore our alternatives for moving forward, said Hyperion’s spokesperson Eric Williams in an email Monday. “We’ll let you know when we’re ready to take the next steps.”

“We are certainly happy and relieved to hear that the final releases have been formally recorded,” said Save Union County spokesperson Ed Cable. “We sincerely hope that residents of Union County will not entertain any future such offers.”

We have offered our assistance (to revert the land) but no one has taken us up on it yet,” he said. “Technically (the zoning) is the responsibility of each landowner.”

“I’m 99.99 percent sure that this is the end (of Hyperion in Union County) but we all have to continue to be vigilant to make sure they do not come back and cause this kind of difficulty again,” said Cable.

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