Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Jan 22, 2026 1:24 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
Can Capital Markets Be Moral?
Can capital markets be moral? At The Veritas Forum at Cambridge University, Rev. Richard Higginson explains how we should rethink our capital system to avoid problems like the financial crisis. His five part plan includes: 1. Rediscovering capital virtues like moderation and prudence, 2. Adopting sound policy like reducing debt and spreading risk, 3. Reviewing the purposes and scrutinizing the practices of banking by a reputable international body, 4. Continuing to invest and give as a sign of hope, and...
Novak Award Winner Assesses Spiritual, Vocational Crisis of Economy
Acton President Rev. Robert Sirico presents the 2012 Novak Award to Prof. Giovanni Patriarca An overflow crowd, which included two current and one former rector of Rome’s pontifical universities, enthusiastically turned out on November 29 to support the winner of the Acton Institute’s Novak Award. Students, professors, journalists, entrepreneurs and politicians alike packed the Aula delle Tesi auditorium at the Pontifical University of Thomas Aquinas to hear Prof. Giovanni Patriarca deliver his lecture “Against Apathy: Reconstruction of a Cultural Identity”....
St. John of Damascus in the History of Liberty
Today (Dec. 4) memorated an important, though sometimes little-known, saint: St. John of Damascus. Not only is he important to Church history as a theologian, hymnographer, liturgist, and defender of Orthodoxy, but he is also important, I believe, to the history of liberty. In a series of decrees from 726-729, the Roman (Byzantine) emperor Leo III the Isaurian declared that the making and veneration of religious icons, such as the one to the right, be banned as idolatrous and that...
The Future of Free Enterprise
In a web exclusive preview to the latest issue of Renewing Minds, a new journal of Christian thought from Union University, Jordan Ballor considers the future of free enterprise: That the United States has been blessed with great prosperity is beyond argument. Even critics of the American system of government and economy admit that the system of free enterprise has been unmatched in its ability to generate wealth. As Hunter Baker notes, this reality has occasioned a shift in the...
Interview: Rev. Sirico on the Market Economy and the Moral Life
Rev. Robert Sirico, author of “Defending the Free Market: The Moral Case for a Free Economy,” appears at a Rome press conference for his book. The Catholic News Agency recently interviewed Acton’s president Rev. Robert Sirico during a press conference held last week in Rome for Vatican journalists. The local media were introduced to his new book, “Defending the Free Market: the Moral Case for a Free Economy.” In the CNA article “Fixing economic crisis requires financial and moral truth,...
Back to Civilization’s Point Zero?
Visiting San Francisco’s Haight-Ashbury district in 1968, Tom Wolfe was struck by the way hippies there “sought nothing less than to sweep aside all codes and restraints of the past and start out from zero.” In his essay “The Great Relearning,” Wolfe connects this to Ken Kesey’s pilgrimage to Stonehenge, inspired by “the idea of returning to civilization’s point zero” and trying to start all over from scratch and do it better. Wolfe predicted that history will record that Haight-Ashbury...
Video: Is Capitalism Catholic?
On Wednesday, Acton’s President Rev. Robert Sirico was interviewed by the Romebureau ofCatholic News Service regarding the work of the ActonInstitute. The Catholic News Service interview “Is Capitalism Catholic?” showcases the mission and influence which the Acton Institute has had on religious leaders’ socio-economic perspectives over its 22 years, including a clip from a meeting of U.S. Catholic bishops in which the Institute’s work on free market economics was both ed andcriticized. Rev. Sirico also explains some ofhis against-the-grain opinions...
What Does Religion Have to Do With Presidential Politics?
In an interview for Carolina Journal Radio, Acton associate editor Ray Nothstine discusses the links between religion and presidential politics. ...
Another (Temporary) Advance for Religious Liberty
While its depressing that not being forced to violate one’s conscience is considered a victory, you take what you can get in the age of ObamaCare. So I’m thankful for the news that an appeals court imposed a temporary injunction against the Department of Health and Human Services from enforcing its contraception mandate on a privately owned business: Missouri business owner Frank O’Brien, who employs 87 people at O’Brien Industrial Holdings, alleged in the lawsuit that led to the injunction...
The Pin that Might Pop the Higher-Ed Bubble
mented last week on the “textbook bubble” (here) and mented in the past on the “higher-ed bubble” and the character of American education more generally (see here, here, and here). To briefly summarize, over the last few decades the quality of higher education has diminished while the cost and the number of people receiving college degrees has increased. The cost is being paid for, in large part, through government subsidized loans. But with the drop in quality and increase in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved