'No' vote by commission would kill oil refinery project
By Michele Linck Journal staff writer | Posted: Wednesday, March 05, 2008
Hyperion Resources' application to change the zoning on 3,882 acres of ag land to a new category called Energy Center Planned Development District, can only be referred to voters if the Union County Board of Commissioners votes to approve it.
"If they don't pass it, there's nothing to refer," said Kea Warne, election supervisor in the South Dakota Secretary of State's Office. "The referendum process is only to bring an item to the people that the governing body has passed." A "no" vote by commissioners would effectively kill the project, she said.
Warne said no one, not the company nor its supporters, could mount a petition to challenge a "no" vote via a ballot initiative. In 2006 the South Dakota Supreme Court ruled in a Deuel County case that zoning changes cannot be put to a ballot initiative, she said.
A ballot initiative is like a referendum, but does not limit the amount of time during which signatures can be gathered. Unlike a referendum, on which a vote is final, a ballot initiative can be brought back to voters every year.
A company cannot initiate a ballot initiative or take out petitions for a referendum, Warne said, but any resident of South Dakota age 18 or older can.
Given the amount of support the Hyperion project has received from the state, some surrounding small towns and some sectors of the business community, the company would likely be able to find a willing state resident of voting age to start the process.
Executives of the Dallas-based Hyperion have said since they announced the project last summer that they want the residents of Union County to vote on the application.
The Union County Board of Commissioners held its required public hearing on the company's application Monday and could vote on it as soon March 11, its next regular meeting. The commissioners could also defer a vote.
"If they don't pass it, there's nothing to refer," said Kea Warne, election supervisor in the South Dakota Secretary of State's Office. "The referendum process is only to bring an item to the people that the governing body has passed." A "no" vote by commissioners would effectively kill the project, she said.
Warne said no one, not the company nor its supporters, could mount a petition to challenge a "no" vote via a ballot initiative. In 2006 the South Dakota Supreme Court ruled in a Deuel County case that zoning changes cannot be put to a ballot initiative, she said.
A ballot initiative is like a referendum, but does not limit the amount of time during which signatures can be gathered. Unlike a referendum, on which a vote is final, a ballot initiative can be brought back to voters every year.
A company cannot initiate a ballot initiative or take out petitions for a referendum, Warne said, but any resident of South Dakota age 18 or older can.
Given the amount of support the Hyperion project has received from the state, some surrounding small towns and some sectors of the business community, the company would likely be able to find a willing state resident of voting age to start the process.
Executives of the Dallas-based Hyperion have said since they announced the project last summer that they want the residents of Union County to vote on the application.
The Union County Board of Commissioners held its required public hearing on the company's application Monday and could vote on it as soon March 11, its next regular meeting. The commissioners could also defer a vote.
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Interested voter wrote on Mar 10, 2008 8:43 AM:
Interested Voter wrote on Mar 10, 2008 8:36 AM:
Think About it... wrote on Mar 6, 2008 11:22 PM:
As to not having wages adjusted in years, well, sounds like it's time for a job change. Have you done something to increase your value to your employer? "
Hmmmm wrote on Mar 6, 2008 2:23 PM:
Wishful wrote on Mar 6, 2008 12:15 PM:
To be honest, I'm hoping Hyperion will build here. My wages haven't gone up since Bush got elected, but the price of living sure has! Something HAS to change around here. Maybe the Hyperion project will bring in enough money to the area to actually affect some of us lowly bottom-feeders. Lord knows we need a break -- it'd be nice to go to bed without hearing my wife sobbing in her sleep because we can't pay all our bills...
Or is that what you're afraid of? Are you worried that if the local economy should happen to surge, it would knock a few people off their pedestals? Boy, I'd think everyone would realize that this would boost our economy and it would raise us ALL to a new level. "