A state-owned parcel of land north of Hailey near Peregrine Ranch is subject to a 47-unit housing development, according to the Idaho Attorney General's office, which is negotiating the plan.
"At present we are negotiating a plan to develop the subject property for residential housing," Idaho Attorney General Lawrence Wasden wrote in an Oct. 5 letter to Kiki Tidwell, who lives near the state land and is concerned about development pressure in the area.
George Kirk, of The Kirk Group in Ketchum, is involved in the negotiations. Attorney General Lawrence Wasden could not be reached to confirm whether any other parties are involved.
The parcel, known as the "Buttercup parcel," is owned by the Idaho Department of Lands. It is in an area north of Hailey and south of The Valley Club that has been eyed by developers for years.
Developer Harry Rinker is currently in agreement with The Valley Club on a plan to build a 68-unit subdivision and nine-hole golf course on Peregrine Ranch, which Rinker owns. The property is located in Blaine County and is subject to new land-use restrictions imposed by the county's 2025 plan. Therefore, Rinker's development aspirations could not be met unless the property is annexed into Hailey. Residents in a subdivision between Peregrine Ranch and Hailey are so far unwilling to annex, and that has put Rinker's annexation plans on ice.
Other neighbors in the area are immersed in a legal battle with Rinker and the city of Hailey regarding negotiations over potential sewer hookups on Peregrine Ranch. Rinker has yet to formally propose his plan to Hailey or Blaine County officials.
Wasden wrote that the proposal of 47 units on the Buttercup parcel "fits within the parameters of the current planning and zoning density restrictions as well as your stated view of compatible development in the area."
But Wasden made clear that the Idaho Department of Lands is not bound to county or city zoning laws and can develop the parcel as it sees fit.
"It is important that you understand that while (Idaho Department of Lands), through the direction of the State Board of Land Commissioners, attempts to comply with the goal of being a good neighbor, its constitutional mandate sometimes requires a different path," Wasden wrote.
Wasden said the Idaho Constitution mandates that the Board of Land Commissioners manage endowment lands "in such a manner as will secure the maximum long-term financial return to the institution to which granted."
He added that "On occasion, this constitutional mandate conflicts with county planning and zoning regulation. In those instances, the Idaho Supreme Court has held that the endowment mandate prevails over local planning and zoning regulations."