Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Apr 22, 2026 4:08 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
George Clooney is Right: Here’s How to Fight Terrorist Threats to Free Speech
This is a sentence I never could have predicted I’ve ever write: George Clooney has offered a wiser assessment of a political problem than many of my fellow conservatives. A group of cyber-terrorist behind a recent high-profile hacking incident of Sony Pictures have threatened a 9/11 type attack on movie theaters that screen the ing film, ‘The Interview.’ In response, many of the country’s largest movie chains (AMC, Regal, Cinemark, and Cineplex) issued a statement saying the film would not...
The Toys And Goodies Of A Free Market
I heard Fr. Robert Sirico say once that most of us now carry more technology in our pockets than it took to put a man on the moon in 1969. If you remember that, you’ll also remember when a radio was a substantial piece of furniture and having a color television made you a very popular kid in the neighborhood. In the 1964 Sears Christmas catalog (if you don’t know what that is, ask your mother. Or your grandmother.), you...
‘Think about your shepherding’
Over at the Calvinist International I’ve posted the text of a Christmas meditation from Abraham Kuyper, made possible by the work of Jim DeJong and the Dutch Reformed Translation Society. It’s a rich devotional reflection inspired by the text of Luke 2:8, “And there were shepherds in the fields nearby keeping watch over their flock at night.” Using the pastoral trope, Kuyper enjoins his readers to: Think only about your own situation. Think about your shepherding. Think about the flock...
Lessons in humility from the Christ Child
In the latest video blog from For the Life of the World, Evan Koons offers Christmas greetings and a few timely reminders with his usual dose of humor. “He made himself nothing to be with us.” Indeed, by entering the Earth in human form, nay, in infant human form, born to the house of a carpenter, Jesus provides a striking example of the order of Christian service — of the truth and the life, yes, but also of the way....
Rev. Sirico: The End of Cuba’s Double Despotism
At RealClearReligion, Rev. Robert A. Sirico offers an analysis of President Obama’s move to thaw relations with Cuba, a diplomatic opening that was supported by the Vatican. Citing Pope Francis’ appeals for “an economy of inclusion,” Rev. Sirico asks: “What, indeed, could be more inclusive than trade and travel?” More: Free trade is not the solution to all economic, social and political problems. Nor does anyone expect it to be. That said, on my visits to Cuba and China, I...
Just a Little Nudge
James K. A. Smith reviews Cass Sunstein’sValuing Life over at theComment magazine site. It’s a worthwhile read for a number of reasons, not least of which is that it should moveSunstein’s latest up in the queue. It seems self-evident that everyone should favor “good” regulation, but the trick is getting some consensus on what defines “good” vs. “bad” regulation. A “people” or “person” centered regulation is a good starting place, perhaps. Or as Smith puts it nicely: “Regulation is made...
Food Stamp Sticker Shock
Grocery shopping is not a chore I enjoy. It’s a mundane task, and everything you buy you will have to soon replace. Then, when you finally get to the end of the chore, you look at the register and think, “HOW much??” It gets worse. You and I (American taxpayers) managed to “misspend” $2.4 billion this year on food stamps, now known as the Supplemental Nutrition Assistance Program (SNAP.) How did we manage this? According to the USDA’s audit for...
Silly Secularists Celebrate Season with Satanic Scenery at Statehouse
Topping the list of hot trends in 2014 were “Victimism” (i.e., posturing as a victim for political advantage and media attention) and “Annoy-Thy-Neighbor” activism. There were many groups bined both to great effect, so it would be difficult to choose the best representative case. But the lamest example of the year is much easier to find: it’s by Jex Blackmore and the Michigan Satanists. Unfortunately, that’s not the name of a band trying to hard to be clever. Blackmore is...
All I Want For Christmas Is You
Parents spend a lot of time and money trying to get their children what they want for Christmas. The list written for Santa is poured over, gifts are wrapped, stockings are stuffed. But are you giving your child what she really wants? IKEA Spain wants us to think about our children’s wish lists a bit differently. ...
Explainer: Christmas 2014 by the Numbers
As the most widely observed cultural holiday in the world, Christmas is a time of produces many things — joy, happiness, gratitude, reverence. And numbers. Lots of peculiar, often large, numbers. Here are a few to contemplate this season: $35.03– Average amount U.S. consumers spent on real Christmas trees in 2013. $81.30– Average amount U.S. consumers spent on fake Christmas trees in 2013. 33,000,000 – Number of real Christmas trees sold in the U.S. each year. 9,500,000 – Number of...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved