Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Feb 15, 2026 7:25 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
Where Is All That ‘Dark Money’ Coming From?
Your writer possesses well-meaning friends forever vigilant in my best interests. Most recently, one such kind soul sent an email alerting me to the dangers of so-called “dark money” in the political process. Believing himself on the side of the angels – and fully onside with activist nuns, priests and other religious – my friend sought my assistance in the fight against “evil” corporations participating in the political process. So I got the following in my inbox. And all I...
Mamas, Don’t Let Your Babies Grow Up To Be Newspaper Reporters. Let ‘Em Be Actuaries and Optometrists and Such.
What’s the deal with actuaries? Whenever a new list of the best jobs piled—like the rankings by Career Cast—they are always near the top of the list. What could really be so great about interpreting statistics to determine probabilities of accidents, sickness, and death, and loss of property from theft and natural disasters? And why have I never actually met an actuary? Are their jobs so exceedingly awesome that they don’t take time to associate with non-actuaries? Anyway, here are...
What Will Your Religious Liberty Cost You? Obamacare Edition
We know freedom isn’t free. And apparently, we are now going to find out exactly how much our religious freedom is going to cost. Matthew Clark at Charisma News says that “refusal to violate your faith” under Obamacare is going to cost you…a lot. If you value your faith;if you are one of the millions of Americans who believe that abortion pills cause the destruction of innocent, God-given human life; if you are an employer who believes that being forced...
How Would You Like An ‘Affordable Healthy Food Act?’
The government is now in the health care business. Trans fats may be on their way out, and New York is trying to tell us to stop buying buckets of soda to drink. Can you imagine a land of the “Affordable Healthy Food Act?” Jacqueline Isaacs can. Imagine with me, a hypothetical world where a politician was running for the office of President of the United States on the platform that everyone deserved a healthy diet. Not so far-fetched of...
The Devil Doesn’t Like Institutions
“In a cynical age that tends to glorify ‘startups’ and celebrate anti-institutional suspicion, faith in institutions will sound dated, stodgy, old-fashioned, even (gasp) ‘conservative.’,” says James K.A. Smith. “Christians who are eager to be progressive, hip, relevant, and creative tend to buy into such anti-institutionalism, thus mirroring and mimicking wider cultural trends. . . And yet those same Christians are rightly concerned about mon good.” But here’s the thing: if you’re really passionate about fostering mon good, then you should...
Samuel Gregg on Pope Francis and Latin American Political History
Carl E Olson, editor of The Catholic World Report, recently wrote an article addressing the perception of Pope Francis by media members outside the Catholic Church. He says: Many in the American media, however, have already made up their minds: yes, the new pope is “liberal”, and that supposed fact is a big problem for those “conservative” bishops who keep harping about fringe issues such as the killing of the unborn, sexual immorality, the familial foundations of society, and the...
‘Empty Labels’ In The Catholic Realm
Carl E. Olson, in an editorial entitled “Catholicism and the Convenience of Empty Labels,” says that many who write and discuss all things Catholic get lost in “fabricated conflicts” which lack context. Pope Francis, depending on who is speaking, is a darling of the “liberals” or a stalwart “conservative.” Suffice to say, the die has been cast for many journalists, and thus for their readers, when es to framing stories about the good Pope Francis and the evil “right-wingers” who...
‘Tea Party Catholic:’ The Necessity of Faith and Liberty
Fr. C John McCloskey, research fellow at the Faith and Reason Institute, recently reviewed Sam Gregg’s Tea Party Catholic at the National Catholic Register. In “Life, Liberty and Faith,” McCloskey says, “Gregg builds an argument for free economy and human flourishing that is a must-read, regardless of your political affiliation or whether you are Catholic or a serious Christian concerned about the rapidly diminishing religious liberty in the United States.” McCloskey points out at the book focuses on the only...
Creation and the Heart of Man: ‘Orthodox and not Libertarian’
Today at Ethika Politika, Alfred Kentigern Siewers reviews Creation and the Heart of Man: An Orthodox Christian Perspective on Environmentalism, Acton’s recent Orthodox Christian social thought monograph by Fr. Michael Butler and Prof. Andrew Morriss. Siewers offers a nuanced and critical review, being well-read in the literature himself, and ultimately es the monograph as a missing voice in the broader conversation of Orthodox Christianity and creation care. Siewers writes, [I]n its introductory opening chapter, the authors clearly set forth their...
Are Human Beings Simply A Collection Of Body Parts?
There is nothing simple about Bl. John Paul II’s writings, and yet, his work collectively called the Theology of the Body offers a remarkable chance to reflect on the unique creation that is man. In modern culture, we see humanity reduced to a collection of parts (a lung to transplant, a womb to be rented) or as an instrument to be used (for lust or for slavery.) The human body has e “treachery”, as George Orwell notes in 1984, not...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved