Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Mar 26, 2026 11:19 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
Espinoza v. Montana: A victory for school choice – but for how long?
The U.S. Supreme Court’s decision in Espinoza v. Montana Department of Revenue admirably defended religious liberty, school choice, and parental rights. However, the court may have also paved the way for teachers unions and hostile politicians to undermine that victory. On June 30, the Supreme Court ruled 5-4 that excluding religious schools from a privately-funded, state-established scholarship program is an “infringement on free exercise” of religion and is “fatally underinclusive” by denying benefits to people of faith. “Discrimination against religious...
6 quotes for Frédéric Bastiat’s birthday
The French writer, philosopher, and exponent of liberty Frédéric Bastiat would turn 219 years old this week. For more than a century Bastiat’s concise, wisdom-infused words have led people on both sides of the Atlantic to embrace the timeless principles of limited government, freedom merce, and unalienable rights. Even Karl Marx begrudgingly acknowledged Bastiat as “the most adequate representative of the apologetic of vulgar economy.” Bastiat was born in France on June 30, 1801 (although some sources give June 29...
Following the crowd: Rene Girard on the denial of Peter
This week, June 29, was the solemn feast of Saints Peter and Paul. The Apostle Peter is remembered for many things: his declaration of Jesus as the Messiah; his boasting of fidelity, followed by his threefold denial of Christ; and his subsequent repentance and heroic martyrdom The late French anthropologist and former Stanford professor Rene Girard has an insightful discussion about the denial of Peter and the problem of scapegoating and contagion. He sees in it an archetype of the...
Evolving between two worlds
In the latest issue of The New Yorker Larissa MacFarquhar has a deeply researched and beautifully written story, “How Prosperity Transformed the Falklands.” It chronicles the history of the Falkland Islands from the early settlement of the then-uninhabited islands to the Falklands War between Argentina and the United Kingdom in 1982, as well as the economic transformation after that conflict. It is an economic success story but also a meditation on what makes munity and nation and how rapid economic...
When police get it wrong (repeatedly): The rule of law and police reform
We have a policing problem in America, and we have a particular problem with how we police underserved populations. This is especially true within e, munities. These are some of the primary issues brought to light in the recent Black Lives Matter protests of 2020. In the aftermath of the brutal May 25th killing of George Floyd in Minneapolis, which catalyzed new activism across not only in the United States but also around the world, there have been calls to...
Rand Paul on the fatal conceits of COVID-19 central planning
When the first wave of COVID-19 hit the United States, Americans were generally sympathetic to the various lockdowns. Yes, we were likely to endure significant economic pain, but given how little we knew about the virus and how great the risks could be, we were willing to accept the cost. Now, after months of mismanaged responses, contradictory analyses, and flip-flopping guidance from our esteemed sources, trust in our leaders and institutions is wearing thin. Despite all that we have learned,...
Michael Matheson Miller to Patrick Deneen: Strong towns need strong economies
Among the most influential critics of the free market on the Right is Patrick Deneen, a political science professor at the University of Notre Dame. Acton Institute Senior Research Fellow Michael Matheson Miller has published a response in Law & Liberty to Deneen’s recent plea for a national policy to favor munities (“Thinking Big to Act Small” in the American Compass). Miller writes that he shares Deneen’s belief in decentralization, the problems of individualism, the shallow nature of consumerism, and...
How to drain the poison of outrage out of social media
It is a universally acknowledged truth that there are deep-seated problems with social media. Academics have written books against it; once venerable institutions are being torn asunder by it; individuals are being demonized on it; and all the while, we are spending more and more of our lives on it. Social media firms are keenly aware of the problem and are trying, in ham-fisted and halfhearted ways, to address it. Venkatesh Roa, founder and editor-in-chief of the blog ribbonfarm, gives...
Eroding judicial activism (more than) one nation at a time
Judicial activism is a transatlantic problem. Thus, it requires a transatlantic analysis. The Acton Institute has helped link English-speaking citizens concerned with preserving the Constitution in a conversation with the world’s 270 million Francophones. Last month, the U.S. Supreme Court ruled that the 1964 Civil Rights Act included sexual orientation and gender identity, paving the way for new rounds of lawsuits and potentially rendering it impossible for some employers to operate their businesses in accordance with their faith. The justices’...
Acton Line podcast: Are we in a revolutionary moment?
Since late May, many parts of the United States have grappled with unrest. Anger over George Floyd’s death sparked protests, with looting and violent riots breaking out, as well. Protesters have also been defacing and tearing down statues across the country, including statues of Confederate leaders, as well as monuments to George Washington, Ulysses S. Grant, and even abolitionists. The Capitol Hill Autonomous Zone (CHAZ), also dubbed the Capitol Hill Organized Protest (CHOP), was a six-block area in Seattle where...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved