Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Aug 5, 2026 5:13 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
Women Of Liberty: Mercy Otis Warren
It is not often that women of the American Revolutionary War era are described as “formidable” and “intellectual,” but Mercy Otis Warren is such a woman. Born to wealthy Cape Cod family in 1728, Warren received no formal education but was tutored by her uncle. In 1754, she married James Warren, who became a Massachusetts state senator. It was the murder of her brother at the hands of colonial revenue officers that drove Warren to political writings and action. Combining...
Audio: Samuel Gregg on God, Reason, and Our Civilizational Crisis
On Friday Afternoon, Acton’s Director of Research Samuel Gregg joined hostSheila Liaugminas on Relevant Radio’sA Closer Look to discuss his recent article at the Public Discourse entitledGod, Reason, and Our Civilizational Crisis. They discuss how differences between how societies view the divine will often cause tension and conflict between, and even within, cultures. The full interview is available via the audio player below. ...
Argentina’s Dysfunctionality
President Cristina Kirchner and Oliver Stone (Wikimedia Commons/Presidencia de la Nación Argentina) Earlier this month, Acton and Instituto Acton Argentina hosted a daylong conference exploring the relationship between religious and economic freedom. Scholars from around the world, including Acton’s director of research Samuel Gregg, traveled to Buenos Aires, Argentina to discuss the ways in which Christianity has contributed to building the foundations of freedom. In a new article for the American Spectator, Gregg discusses some issues he observed while visiting...
Indiana’s Religious Freedom Restoration Act: What’s The Deal?
Last week, Indiana Governor Mike Pence (R) signed his state’s Religious Freedom Restoration Act. Social media went a bit, well, bonkers. Hillary Clinton tweeted, “Sad this new Indiana law can happen in America today. We shouldn’t discriminate against ppl bc of who they love #LGBT.” The CEO of SalesForce, headquartered in Indiana, says they will pull out. Tim Cook, the chief executive of Apple, has called religious freedom laws “dangerous” and likens them to Jim Crow laws. What’s all of...
The Pro-Easter vs. Anti-Easter Response to Levi Pettit
Former Oklahoma University student Levi Pettit and his friends did a terrible thing. The frustration and anger at the very racist chant about the lynching of African Americans by the Sigma Alpha Epsilon fraternity is understandable and justified. However, in light of Levi Pettit’s act of public repentance, our response reveals how we understand a key aspect of Easter. Those who painfully forgive Pettit demonstrate a central pillar of the Passion of Christ whereas those who refuse to forgive Pettit...
7 (More) Essential Articles on Religious Freedom Restoration Acts
There is something about Indiana’s new religious freedom protection law that is causing otherwise reasonable people to lose their minds. As Elise Hilton pointed out earlier today, everyone from presumptive presidential candidates (Hillary Clinton) to corporate CEOS (Apple’s Tim Cook) to your ill-informedfriends on social media have been claiming the law allows discrimination against homosexuals. It does not. (In most parts of the country, discrimination based on sexual orientation is legal—and always has been.) Elise produced a helpful explainer with...
Fossil Fuels: The Best Hope for the World’s Poor
Writing for The Federalist blog last week, American Energy Alliance Vice President of Strategic Initiatives Dan Ziegler remarked: The environment isn’t getting worse—it’s rapidly improving, even as our economy grows and our energy use increases. The EPA recently released new data on air quality showing that total emissions of the six major air pollutants have dropped by 68 percent since 1970. This is all the more impressive considering that during this same period, America’s population has grown by 54 percent,...
G.I. Joe Vs. the Pentagon’s Crony Industrial Complex
When es to spending on national defensethe political debate is oftenpresented as a simplistic, binary contest between those who want to spend more and more (often conservatives, who want a strong military) and those who want to spend less and less (often liberals, who want to use the money for social welfare purposes).While those discussions are important, they are also plete. Conservatives, inparticular, should be more cognizant of the way cronyism can undercut military readiness. In an article today atThe...
ISIS And Human Traffickers: Prey On The Vulnerable, Recruit With Lies
In the wild, a lion does not chase down the strong animal at the front of the pack; the lion chooses its prey by doing the least amount of work. The lion picks off the weak, the young, the vulnerable. ISIS and human traffickers are animals, and they choose their prey accordingly. They seek out the vulnerable, the lonely, the searching. The internet is a fine hunting ground. There have been several stories of late of teen girls being lured...
Bob Geldof: Trade Not Aid for Ethiopia
Good story in the Wall Street Journal today about rocker-activist Bob Geldof and how he’s spearheading a push by private-equity firms into Ethiopia to effect a “historic shift from aid to trade.” Investments are flowing into private sector projects such as a flower farm, a pany, pipeline building modity exchanges. A number of high-profile investors have recently shown up here. KKR & Co., the New York-based private-equity firm, last summer bought control of a rose farm, Afriflora, for about $200...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved