Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Jan 27, 2026 9:36 AM

In restricting land purchases by environmentalists, conservatives undermine the power of property rights as a path to conservation. It shouldn’t be that way.

Read More…

Some sects of environmentalists are well known for disrupting and interrupting land transactions for the cause of conservation, using whatever legal and regulatory means necessary to control, coerce, or prevent concerted human development.

It’s bative legacy that has left many of their critics wondering: If land conservation is of such utmost importance, why not just pay for ownership of such lands, protect and conserve them as one sees fit, and be done with political and legal antics?

Alas, it’s a strategy that has routinely been tried, but continues to be met by undue resistance from government regulators and lawmakers.

Consider the story of American Prairie, a Montana-based non-profit whose main goal is “to purchase and permanently hold title to private lands that glue together a vast mosaic of existing public lands,” all for purposes of “wildlife conservation and public access.” According to Outdoor Life, American Prairie has thus far “accumulated nearly 100,000 acres of private land, and another 310,000 acres of associated federal and state land in northeast Montana,” with the specific goal of better managing the region’s native bison population.

For defenders of secure property rights as the most just and effective path to conservation, it’s a wholly legitimate mission, if not a noble pursuit. Yet the state’s Republican legislators recently tried to pass a bill that would prohibit American Prairie and other organizations from such transactions, claiming that such sales provide unfair tax advantages to nonprofit organizations. In an op-ed, bill sponsor and Republican state Rep. Dan Bartel openly boasted that he wished he could “legislate them out of existence.” Given that this is “not how the law works,” Bartel lamented that he would have to settle with limiting property rights instead.

While the bill in Montana now looks to be a failed effort, it is not an isolated case. As Shawn Regan details in an extensive essay for the Property and Environment Research Center, the stories are many. Whether one looks to the range of activist gimmicks or more serious, good-faith efforts to acquire public lands or buy out hunting permits, environmentalists have routinely tried to use private ownership to achieve their goals.

The laws vary, but as Regan explains, much of the government resistance tends to surround public lands, relying on narrow definitions of “productive use”:

“The extent of these voluntary market-based exchanges is often limited to private lands. On federal and state property—which makes up most of the land in the American West—such deals are much plicated, if not outright prohibited.

“Environmentalists are often not allowed to acquire public land leases to conserve the land—at least not without considerable difficulty. And it’s not due to a lack of financial resources. As [environmental activist] Tempest Williams found out the hard way, federal and state laws typically prevent leaseholders from acquiring such rights for nonconsumptive purposes …

“The laws and institutions governing the use of most federal- and state-managed land emerged in the 19th and early 20th centuries for a narrow purpose: to promote the productive use of the nation’s resources. Property rights were established and maintained by actively using the resources. Concepts such as ‘beneficial use,’ ‘use it or lose it,’ and ‘the rule of capture’ undergird the legal history of U.S. land policy and still serve as the basis for many of the rules that determine the use of natural resources.”

One can disagree with environmentalists over what is “most productive” for the land in question. But by seizing or regulating away the freedom to buy and manage such property freely, we eliminate our best mechanism for facilitating such disagreements.

“The lesson is not that energy development, logging, or livestock grazing is bad, or that every effort to stop such activities should prevail,” Regan writes. “Rather, it’s that environmental values are real and legitimate, and they are best expressed in ways that acknowledge existing property rights, seek an honest bargain, and reflect the opportunity costs of the other forgone values associated with the land.”

When we remove rightful paths of recourse – ceding property planning activities to the state – we ought not be surprised when environmentalism takes an overtly political turn. Indeed, the more we cling to public criteria and our own narrow notions of “productivity,” the more we invite others to do the same — using the same coercive means to defend their own preferred ends. As Regan explains, “People who want to conserve lands often have no other option but to lobby for restrictive designations, regulate existing land practices, or file legal challenges to stop extractive activities on public lands they care about.”

Further, by deferring to politics when it benefits certain special interests, we only invite greater cynicism about the true ability of markets and economic freedom to provide as better a path to conservation. “It’s clear that many people value conservation and are willing to spend their own money to get it,” Regan concludes. “The only question is whether those resources will be channeled through zero-sum political means or through positive-sum market mechanisms.”

For proponents of economic freedom who also believe in the good of environmental conservation, such struggles will continue to require consistency, even when it may feel fortable or uncertain. In the end, our environmental advocacy will inevitably answer one central question: Do we believe in the power of property rights or not?

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
5 Facts About Acton University
This is the week for the annual Acton University, a unique educational experience focused on the intersection of liberty and morality. Here are five facts you should know about Acton U. 1. Acton University is a four day annual conference on liberty, faith and free-market economics held in Grand Rapids, Michigan. 2. Each even includes nine sessions in which attendees can create a customized learning path from 100+ courses taught by 55+ international, world class experts. 3. The conference is...
Exiles in the American Lion’s Den
We have routinelypointed to Jeremiah 29 as an introductory primer for life in exile, prodding us toward faithful cultural witness and away from the typical temptations of fortification, domination, and modation. As Christians continue to struggle with what it means to be in but not of the world, Jeremiah reminds us to “seek the welfare of the city,” bearing distinct witness even as we serve our captors. We are to “pray to the Lord for it,” Jeremiahwrites, “because if it...
What Christians Should Know About Crony Capitalism
Note: Later today at the Faith & Freedom conference I’ll be speaking on a panel titled, “A Cronyism Crisis: How Corporate Welfare Undermines Markets and Human Flourishing.” If you’re at the conference please stop by this session. The Term:Crony capitalism (sometimes referred to as cronyism or corporatism) What it means:Crony capitalism is a general term for the range of activities in which particular individuals or businesses in a market economy receive government-granted privileges over their customers petitors. Why it Matters:...
Review and audio: Reconciling God and profit
Samuel Gregg’s latest book, For God and Profit: How Banking and Finance Can Serve the Common Good argues that making a profit and living a good, moral life are not mutually exclusive endeavors. People are taking notice. In a new review of the book at Zenit, Fr. John Flynn agrees with Gregg. “[M]oney and finance,” he begins, “play an essential role in the well-being of persons and nations and they are not of themselves immoral.” He continues: Another handicap to...
Church of England: Maybe Margaret Thatcher Wasn’t So Un-Christian After All
“Economics are the method,” wrote Margaret Thatcher in 1981, “the object is to change the heart and soul.” Guided by her Christian faith, the prime minister believed that the welfare state was not only harming her fellow citizens but damaging the moral fabric of the United Kingdom. As Florence Sutcliffe-Braithwaiteexplains, Thatcher’s fears about the welfare state were twofold: First, she and her advisers thought that generous collective provision for unemployment and sickness was sapping some working-class people’s drive to work....
Samuel Gregg: Some political and social movements ‘prioritize equality over freedom’
Following the recent Rome conference “Freedom with Justice: Rerum Novarum and the New Things of Our Time”, held in celebration of 125th anniversaryof Leo XIII’s 1891 encyclical on private property, the Industrial Revolution and the spread of Marxist ideology, Acton’s Samuel Gregg was interviewed by Shalom World TV. VaticanjournalistAshley Noronha, who hosts the India-based religious news magazine Voice of the Vatican, asked Gregg what was the the connection between religious and economic freedom andhow traditional Catholic social teaching is responding...
Milton Friedman vs. Bernie Sanders
The presidential campaign of Bernie Sanders is about e to an end. Unfortunately, though, the Democratic Socialism espoused by Sanders will live on long after his presidential ambitions have faded. This type of socialism is nothing new, of course. For more than a century free market economists have been warning of the dangers of succumbing to the economic fallacies of democratic socialism. A prime example is the late, great Milton Friedman. Although he’s been gone for a decade, Friedman is...
When good intentions harm children
Imagine you are given three choices —A, B, or C. In the ranking, A is much preferred to B and B is exceedingly preferable to C. Which do you choose? Obviously, all else being equal, you’d choose A. Now let’s add the following restrictions to your choice: • You, your family, and your friends will all get A. But you must make the choice of A, B, or C, for other people who you will likely never meet. • If...
Explainer: What You Should Know About ISIS and the Orlando Terrorist
On Sunday, an American-born terrorist named Omar Mir Seddique Mateen killed 49 and wounded 53 in Orlando. In a 911 call during the attack Mateen pledged his allegiance to the terrorist group ISIS. Although the group also claimed responsibility for the attack, U.S. officials said they haven’t seen a direct link between the gunman and the terrorist group. Here are five facts you should know about ISIS: 1. ISIS (aka ISIL, Islamic State, IS, Daesh) is the name of an...
Perverse Incentives Hurt Poor Defendants
Since the landmark Supreme Court decision Gideon v. Wainwright (1963) every state has developed a system of public defense. The decision guaranteed that those accused of felony offenses are entitled to a lawyer under the rights outlined in the 6th Amendment, which include, the right to a jury trial, a public trial, and pertaining to Gideon, “to have the assistance of counsel for his defense.” In the wake of the Gideon decision each state was required to develop a system...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved