Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Mar 30, 2026 5:03 PM

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
A ‘Hillbilly Elegy’ for family and civil society
While the federal government’s “war on poverty” achieved some progress towards meeting basic material needs, says Ray Nothstine in this week’s Acton Commentary, it has no answers to the deeper dilemma of dependency and hopelessness faced by many Americans. One book that highlights the problem and that is receiving considerable attention this year is J.D. Vance’s “Hillbilly Elegy.” Vance uses his own story to depict a crisis of culture among the white working class, especially in Appalachia. When President Lyndon...
The paradox of flourishing: Where authority and vulnerability meet
In our discussions about politics, society, and culture, the vocabulary of “human flourishing” has e increasingly popular, moving dangerously close to the status of blurry buzzword. Yet at its best, the termcapturestheconnective tissue between the material and the transcendent, the immediate and the eternal, pointing toward a holistic prosperity that accounts for the plexity of the human person. In his latestbook, Strong and Weak: Embracing a Life of Love, Risk and True Flourishing, Andy Crouch examines the broader ideal. ‘“Flourishing’...
How to explain the entitlement crisis to an 8-year-old
During tonight’s presidential candidate debate, Trump and Clinton should (but almost surely won’t) address America’s entitlement crisis. If they need some help to explain it to the public they can use this video, based on Nicholas Eberstadt’s book, A Nation of Takers, which provides a Seussian tale about the dangerous dependency of entitlements and the importance of liberty. ...
Video: Benjamin Domenech on the rise of American populism
On October 13, the fall 2016 Acton Lecture Series continued with a timelyaddress from Benjamin Domenech, publisherof The Federalist and host of The Federalist Radio Hour, who spoke on the rise of Americanpopulism. Domenech looks at the history of populism in America, from Andrew Jackson toWilliam Jennings Bryan, and traces that strain in American politics straight through to the rise of Donald Trump.According to Domenech, the roots of the current populist uprising in America can be traced to the failure...
5 innovations that fight poverty
“Billions of souls have been able to pull themselves out of poverty,” says Arthur Brooks, “thanks to five incredible innovations: globalization, free trade, property rights, the rule of law and entrepreneurship.” By the way, these five things were all made possible by the historically anomalous peace after World War II that resulted from America’s global diplomatic and military presence. When I was a kid, when we Americans saw the world’s poor, they saw us, too. We saw their poverty; they...
Samuel Gregg interviewed on new book ‘For God and Profit’
Samuel Gregg, director of research at Acton Institute, was recently interviewed by Carl E. Olson of Catholic World Report about his new book For God and Profit. Gregg is a frequent contributor to CWR on the topics of political economy, economic history, ethics in finance, and natural law theory. The first question asked of Gregg was “Is it fair to say that Church teaching about money and economics is widely misunderstood and often misrepresented? If so, what are some of...
Explainer: What did the presidential candidates say about the economy?
Last night Chris Wallace moderated the third and final debate of this presidential season. mentators have remarked that it was the most substantial policy debate of the year. But because of the interruptions and recriminations, it can be difficult to ascertain exactly what each candidate was proposing. Below I’ve summarized the actual policy statements made by each candidate about the economy, and included the verbatim text of their remarks from which the summary is taken. In the summaries (the sections...
Economic freedom and economic harmony
This is a guest post by Philip Booth, Professor of Finance, Public Policy and Ethics, St. Mary’s University, Twickenham; Academic and Research Director, Institute of Economic Affairs. Booth will be speaking in London on Dec. 1 at Acton Institute’s The Crisis of Liberty in the West conference (register here). This post is based on remarks prepared for delivery at the United Kingdom Government Foreign and Commonwealth Office conference on Preventing Violent Extremism by Building Inclusive and Plural Societies, Oct. 19-20....
C. S. Lewis on selfishness vs. self-interest
C.S. Lewis wrote much about the tension between self-interest and selfishness, offering renewed clarity on these topics, says Art Lindsley. To Lewis, there is a huge difference between self-interest and selfishness, and there is a proper place for self-interest in our lives: When Lewis first came to faith, he did not think about eternal life, but focused on enjoying God in this life. Lewis later said that the years he spent without the focus on heavenly rewards “always seem to...
Love Gov and the unintended consequences of ‘good intentions’
Despite the partisan rhetoric that tends to dominate in America, most of us realize that, for all our disagreements, our neighbors often have the best of intentions. But when es to public policy, good intentions are not enough to create human flourishing. That’s why a primary task of the Acton Institute is “connecting good intentions with sound economics.” Without sound economics as a foundation, good intentions tend tolead to detrimental unintended consequences. Convincing the public of this reality isn’t easy,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved