Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Mar 5, 2026 10:57 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
Why has the West’s integration of reason and faith fallen apart? An interview with Samuel Gregg
Pathologies of reason and faith have greatly affected history. Pathologies of reason are defined by an abandonment of God in search of truth, resulting in a prioritization of empirical data and the natural sciences to gain knowledge. Likewise, pathologies of faith are characterized by an abandonment of reason, or Logos, resulting in sentimental humanitarianism, seen even the spread of moral therapeutic deism currently present in the Church. “In the end, these pathologies proceed from mistaken conceptions of God,” says Samuel...
What is currency manipulation?
Yesterday the Treasury Department took the unusual step of designating China a currency manipulator. Secretary Mnuchin, under the auspices of President Trump, made the change, saying, “In recent days, China has taken concrete steps to devalue its currency, while maintaining substantial foreign exchange reserves despite active use of such tools in the past.” In this video from 2017, CNBC explains what it means for a country to manipulate its currency. (For a more in-depth explanation, see this post.) ...
The UK porn ban
In the United Kingdom, the government has taken many steps to ensure the protection of children from pornography and other adult material; most recently an Age Verification law was scheduled to be legislated on July 15 but has again been pushed back. Its opposition has legitimate reasons for concern; however, if we agree that children need to be shielded from pornographic material, we need to look at how those laws can be appropriately implemented. The timeline of the United Kingdom...
Acton Line podcast: Discrimination against faith-based adoption agencies; Lessons from the fall of ancient Rome
A crisis in the adoption and foster system is currently plaguing the nation. With over 400,000 children in need of homes, a shortage of placements is driving some states to desperate measures, even housing children in hotels and office buildings. States should be working to support and safeguard the work of adoption and foster care providers, however discrimination motivated by anti-religious bias is posing an obstacle to some state contracted and private agencies. Kate Anderson, senior legal counsel at Alliance...
Magic cards and market forces
Back in the 1990s, the debut of Magic: The Gathering marked a new form of gaming: collectible card games. While many may remember it similarly to Pogs, for example, Magic survived where Pogs did not. In fact, Magic is more popular now than ever. In 2018, I co-wrote and presented a paper on the topic for the Association of Private Enterprise Education that detailed its popularity: Magic: The Gathering … is played by millions of people around the world, with...
WSJ profiles the Acton Institute, the antidote to ‘woke’ capitalism?
The Acton Institute reached an international audience of influencers this weekend with its mission of uniting markets with morality. The Wall Street Journalpublished a profile of Acton, and an extended look at the ministry of Acton co-founder Fr. Robert Sirico, in its “Weekend Interview” feature on Saturday, August 3. “When the Market Meets Morality” by William McGurn introduced a critical group of thought leaders to Acton’s work of promoting a free and virtuous society. McGurn writes that, like Lord Acton,...
The El Paso shooting: The rise of Racial Collectivist Terrorism
On Sunday, the nation’s heart broke again as 21-year-old Patrick Crusius opened fire inside an El Paso Walmart, killing 22 people and injuring at least 26 individuals between the ages of two and 82. Minutes before the shooting, Crusius took to the website 8chan to post a manifesto that cobbles together racial and economic collectivism with environmental extremism in a way distinctive of the Alt-Right. As I noted in my Acton University lecture on the subject, the term Alt-Right as...
Letter from China: Civic virtue without freedom?
I spent most of July traveling to various parts of the People’s Republic of China. Although I made brief trips to Hong Kong in 2000 and Beijing in 2016, I have never experienced anything remotely similar to this more extended stay. Having a Chinese-speaking guide and the opportunity to speak to “friendly” locals (none of whom can be named out of concerns for their safety) provided more perspective than a tourist would normally have. It would be foolish for an...
Milton Friedman on business as an enemy of enterprise
Milton Friedman is one half of the duo so often identified with “neoliberalism” (the other being Friedrich Hayek), the hegemonic power that is typically seen as constitutive of our contemporary age. Friedman was a brilliant thinker, and one whose ideas warrant attention, not least because of their association with today’s political and economic situation. Oftentimes neoliberalism is connected with an ideology of privatization, which is itself seen as policy intended to empower and prioritize the interests of business and industry....
A Quaker economist’s lesson on seeking the truth together
There are several things, universally known, which one is never supposed to discuss over dinner: religion, politics, and money. I violate this generally well regarded rule on a regular basis while never impeding my digestion. My secret? I try, in the words of the prayer of St. Francis, not to seek so much to be understood as to understand. During the course of the discussion there es a time when my interest and inquiry is reciprocated. I try and focus...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved