Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Jan 26, 2026 11:41 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
Do the Poor Vote for More Welfare?
A popular saying (often misattributed to Alexis de Tocqueville) states that a democracy can only exist until the voters discover that they can vote themselves largesse from the public treasury. If this is always the case then we should expect the poor to vote themselves even more welfare payments. However, as Dwight R. Lee explains, the desire for transfers that others will pay for has almost no effect on people’s voting behavior: This argument that a significant financial gain from...
Disability and Discipleship: God Don’t Make No Junk
In this week’s Acton Commentary, “Disability, Service, and Stewardship,” I write, “Our service of others may or may not be recognized by the marketplace as something valuable or worth paying for. But each one of us has something to offer someone else. All of us have ministries of one kind or another. Our very existence itself must be seen as a blessing from God.” During a sermon a couple weeks ago at my church, the preacher made an important point...
Does Legalizing Prostitution Reduce Child Sex Slavery?
Would legalizing adult prostitution decrease the demand for child sex slaves? That’s the curious argument made by one of my favorite libertarian economist. Donald J. Boudreaux , a professor of economics at George Mason University, recently wrote: If men can legally buy sex from women 18 years of age or older, men will have less demand to patronize children. And sex entrepreneurs will have less incentive to ‘supply’ children. With all prostitution being illegal, those who demand as well as...
The Rise of Free-Market Alternatives to Obamacare
Referring to the Affordable Care Act, chairman of the Senate Finance Committee, Max Baucus (D-Mont.) stated earlier this year, “Unless we implement this properly, it’s going to be a train wreck.” And indeed, from looking at the Obamacare implementation timeline alone, the law seems to have gotten off to a shaky start. The implementation of the so-called employer mandate, which would require businesses with more than 50 workers to offer insurance to all full-time employees, or else pay a fine...
Dispersing Poor People And Crime
Emily Badger at The Atlantic Wire posts mon sense story regarding the debate about whether or not the dispersing of poor people out of inner-city housing projects into suburban neighborhoods, through government housing voucher programs, increases crime rates. The article reflects recent research by Michael Lens, an assistant professor of urban planning at UCLA. A growing stack of research now supports [the] hypothesis that housing vouchers do not in fact lead to crime. Lens has just added another study to...
A conflict of Christian visions: Gen. 1-2 vs. Gen. 3 Christianity
There are two prominent schools of thought within conservative Protestant circles that continue to clash over what Christianity is about because their starting prise different biblical theological visions. I use the word “prominent” here because I fully recognize that there are other more nuanced voices in the Christian diaspora. No “binaries” or “false dichotomies” are intended here. This is simply a distinction between the two dominant voices in a choir of others. One begins by constructing an understanding of the...
For America’s Elites, Religious Freedom is a Non-Issue
America’s Founding Fathers considered religious liberty to be our “first freedom.” But as Ken Blackwell notes, that view is no longer shared by our media and foreign policy elites: All such understandings of the religious freedom foundation of American civil liberty and foreign policy seem long forgotten by the elites of today. The media cares little about religious freedom. The famous Rothman-Lichter study of 1981 surveyed 240 journalists from the prestige press. Of course, 80 percent of them voted one...
Accepting Applications for an ‘Intellectual Retreat’
Looking for a great opportunity to expand your intellectual capacity? We are still seeking applicants for two ing Liberty and Markets conferences: Religion and Liberty: Acton and Tocqueville and Evaluating the Idea of Social Justice. Co-sponsored by the Acton Institute and Liberty Fund, Inc., these conferences offer an excellent opportunity for networking and discussion within a small group environment, with an average faculty/participant ratio of 1:3. Both conferences are free and include single-occupancy lodging, meals, nightly hospitality, book gifts, and...
Was Gordon Gekko Catholic?
Is greed really good? Does self-interest equal sin? Samuel Gregg takes on these questions at Aleteia.org, in an excerpt from his new book, Tea Party Catholic: the Catholic Case for Limited Government, a Free Economy and Human Flourishing. In many ways, the free economy does rely upon people pursuing their self-interest rather than being immediately focused upon promoting the wellbeing of others. One response to this challenge is to recognize that fallen humanity cannot realize perfect justice in this world....
Spirit-and-Body Economics
Over at the Kern Pastors Network, Greg Forster points to Rev. Robert Sirico’s speech from this year’s Acton University, drawing particularly on Sirico’s emphasis on Christian anthropology.“One may not say that we are spirits inside of flesh,” Sirico said, “but that we are spirits and flesh.” Forster summarizes: Christianity teaches that the human person is, in Sirico’s words, both corporeal and transcendent. We cannot make sense of ourselves if we are only bodies. How could a strictly material body think...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved