Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Dec 14, 2025 4:28 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
The Call to Work and the Freedom to Flourish
TheInstitute for Faith, Work, and Economics just released a nice little video that captures the importance of vocation and the beauty of work, elevating freedom as the primary driver of human flourishing. Watch it here: There is a way that leads a man to flourish. It is freedom: the freedom to discover his true potential, to keep the fruits of his labor, to find fulfillment in his work. These freedoms are the right of every person, because e woven into...
By the Numbers: The War on Poverty
Fifty years ago today, President Lyndon B. Johnson gave his 1964 State of the Union Speech, in which he launched the ‘war on poverty.’ Within four years of that speech, the Johnson administration enacted a broad ran of programs, including the the Job Corps, Upward Bound, Head Start, the Neighborhood Youth Corps, the Social Security amendments creating Medicare/Medicaid, the creation of the Department of Housing and Urban Development, and over a dozen others. Here are a few numbers related to...
Samuel Gregg On The War On Poverty: ‘Pass More Laws And Throw More Dollars At The Problem’
In today’s National Review Online, leading economists are asked ment on the 50th anniversary of Lyndon Johnson’s “War on Poverty.” Acton’s Director of Research, Sam Gregg, weighs in: As we know now, Johnson’s offensive against poverty did not have the impact envisaged by its progenitors. By the early 1970s, the failure was stark. Even today, this failure remains Exhibit A for the ineffectiveness of government intervention when confronting many economic problems. Not that this has led to any major rethinking...
The Bond of Fellowship
I was reading an essay that I found in an old book I bought in Vermont. Dr H.J. Laski (Oxford and Yale) wrote, “The less obvious the differences between men in the gain of living, the greater the bond of fellowship between them.” In other words the less we talk about differences between the rich and poor, the better we will all like each other and get along. In the Depression which began as he was writing, nearly everyone was...
Explainer: What is Common Core?
What is Common Core? The Common Core State Standards Initiative is a state-led effort that established a single set of educational standards for kindergarten through 12th grade in English language arts and mathematics. What do the educational standards entail? Common Core is intended to cover fewer topics in greater depth at each grade level. In English language arts, the Common Core State Standards require certain content for all students, including: Classic myths and stories from around the world; America’s Founding...
Why Such Hostility About Religious Liberty?
In a nation founded upon (at least in part) the ability to practice one’s religious beliefs without government interference, we Americans are in a weird spot. It seems that everywhere we turn, folks who practice their religious beliefs are under assault. Again, weird, since most of us who do practice our faith don’t try to cram it down anyone’s throat. Even groups like the Jehovah’s Witnesses – well-known for their door-to-door proselytizing – are happy to step off your front...
Restaurant Owner with Down Syndrome Shares His Gift
At 14 years old, Tim Harris dreamed of owning his own restaurant. He was born with Down syndrome, sohis parents weren’t quite sure what to think.Yet soon after Tim began his first job as a host at Red Robin, it all started to make sense. “[Customers] were visibly happy to see him and Tim really developed a following,” saysKeith Harris, Tim’s father. “People e to the restaurant specifically when he was working. As we sat there, we started thinking about...
Detroit’s ‘Get out of Bankruptcy Free’ Card
Aaron M. Renn’s reflections on the implications of Detroit’s bankruptcy are worth reading, especially as relate to the DIA, a topic of some previous interest over the last year or so: In the case of the DIA, the city owns the museum and the collection. Hence the question of whether or not art should be sold to satisfy debts. If it were typical separately chartered non-profit institution, this wouldn’t even be a question. At this point, I’d suggest cities ought...
The Digital Divide And The Uselessness Of Race
According to a report released this week by the Pew Research Center, the so-called “digital divide” between whites and blacks is slowly being closed by smart phones. Here are the key findings of the report: (1) African Americans trail whites by seven percentage points when es to overall internet use (87% of whites and 80% of blacks are internet users). At the same time, blacks and whites are on more equal footing when es to other types of access, especially...
Book Review: ‘The New School’ by Glenn Harlan Reynolds
Book information: The New School: How the Information Age Will Save American Education from Itself by Glenn Harlan Reynolds. Jackson, TN: Perseaus Books, 2013. Pp. viii + 106. Paperback. $21.50. Instapundit’s Glenn Harlan Reynolds’ The New School: How the Information Age Will Save American Education from Itself is a clear and succinct, yet thorough, essay on creative destruction and American education. This slim volume (only about 100 pages) is divided approximately into 50 pages on higher education, 25 on secondary...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved