Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Feb 12, 2026 7:30 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
Forced Sterilization, Here And Abroad: Egregious Human Rights Violation
There are people like Margaret Sanger, Dr. Karan Singh and Rudolf Hess who believed that certain people had no right to reproduce, and they worked very hard to make that so. Whether done for population control or for reasons of eugenics, forced sterilization has a long and sordid history. Arina O. Grossu at Aletetia has done a nice job of summing up this ugly practice. Whether it’s here in the U.S. or abroad, forcing people to be sterilized (often without...
Iraqi Religious Minority Faces Extinction
The Yazidis are a tiny religious minority, Kurdish by ethnicity, who are facing extinction by the Islamic State in Iraq. While there are about 700,000 Yazidis worldwide, more than half a million were living in Iraq, although many have fled the violence in the nation. The Yazidis trace their religious roots back to the 11th century, when an Ummayad sheik broke off from mainline Islam. Their ancient religion is a blend of Christianity, Zoroastrianism, Judaism and Islam. Yazidis believe that...
A Vietnamese Refugee and the Virtue of Sacrifice
Religion & Liberty recently interviewed former German war correspondent Uwe Siemon-Netto. He’s also the author of Triumph of the Absurd, a book chronicling his time covering the war in Vietnam. One of Siemon-Netto’s recurring themes is the still propped up line in the West that North Vietnam’s aggression was a “people’s revolution” or an act of liberation. A people’s revolution doesn’t execute soldiers who have laid down their arms or force large segments of the population in South Vietnam into...
Get a Free Rental of ‘The Economy of Wonder’
For the Life of the World: Letters to the Exilesisa 7-part series from the Acton Institute that seeks to examine the bigger picture of Christianity’s role in culture, society, and the world. Each Monday until August 18 The Gospel Coalition (TGC) ishighlighting one episode and sharing an exclusive codefor a free 72-hour rental of the full episode. Here’s the trailer for episode 5,The Economy of Wonder. Visit TGC to get thecode for the free rental(you have to apply the code...
Government Should Not Discriminate Against Religious Foster, Adoption Agencies
Yesterday was a great day for my family. We had recently celebrated the addition of two girls. My niece and her husband adopted them, and yesterday was the girls’ baptism. My mother was there; she and my dad fostered children and adopted two. My two daughters were there to celebrate; they are both adopted. If the government and certain entities have their way, none of this will happen for families like ours – families for whom religious faith is paramount,...
Learning To Mourn Amid Work That Wounds
I recently wrote about “wounding work,” a term Lester DeKoster assigns to work that, while meaningful and fruitful, is “cross bearing, self-denying, and life-sacrificing” in deep and profound ways. Take the recent reflections of a former Methodist minister, who, upon shifting from ministry into blue-collar work at a factory, struggled to find meaning and purpose. “I am not challenged at all in this work,” he writes, “and I want something more.” Although DeKoster helps us recognize that meaning and purpose...
U.S. Responsibility To Victims of ISIS
The U.S. is beginning to bring much needed humanitarian supplies to victims of war in Iraq. Aleteia is reporting that Cargo planes dropped parachuted crates of food and water over an area in the mountains outside Sinjar, where thousands of members of the Yazidi minority where sheltering, according to witnesses in the militant-held town, who asked not to be identified for security reasons. At the same time, U.S. military has begun airstrikes against the terrorists Irbil, a city in the...
‘The Holy War on Corporate Politicking’
Acton’s president and co-founder, Rev. Robert Sirico, recently wrote a piece for Real Clear Religion about corporations and social justice activism. He warns that the religious left’s attempts to stifle free speech in corporate boardrooms would certainly negatively impact our political life. Every annual meeting season, we watch as a small group of activist groups on the left such as As You Sow and the Interfaith Center on Corporate Responsibility submit proxy resolutions that demand disclosures of corporate public policy...
Shutting Down ALEC Stifles Free Speech
The 2014 proxy shareholder season is over, and left-of-center religious investment groups such as the Interfaith Center on Corporate Responsibility and As You Sow are crowing about victories and announcing their plans for next year. For example, ICCR notes in its latest issue of The Corporate Examiner: While virtually pany participates in lobbying of some panies often make undisclosed expenditures to third-party trade associations which then use that money in ways that can run counter to pany’s publicly-stated positions. After...
Hayek, Inequality, and Poverty Alleviation
Yesterday, Acton research associate Dylan Pahman made the connection between inequality and poverty alleviation. Today, he continues that argument and explains how the connection affirms the moral merits of economic liberty: Hayek argued for a stronger connection between inequality and economic progress in his 1960 work The Constitution of Liberty. “New knowledge and its benefits,” writes Hayek, “can spread only gradually, and the ambitions of the many will always be determined by what is as yet accessible only to the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved