Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Sep 15, 2025 11:41 PM

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
Preventing Human Trafficking
Human trafficking can be prevented. It takes tenacity, hard work, and knowledge of the needs of the people in a particular area of the world. One of the greatest “push” factors (those factors that drive people into human trafficking) is poverty. Poverty creates desperation, and desperation drives trafficking. Parents cannot afford to feed children, and will sell them off. Sometimes people are tricked, thinking that their child will be given a job or education. Women will sell their bodies because...
Reflections on the Passing of Leonard P. Liggio
LiggioAlmost 20 years ago I was invited to speak at the celebratory banquet for the Atlas Economic Research Foundation (now Atlas Network) and the Institute for Humane Studies, then celebrating their 15th and 35th anniversaries respectively. I was an alumnus of both and six years into the launch of the Acton Institute (founded in 1990). Both organizations considered me “successful enough” to reflect at the banquet on how each had influenced my life. It was an undeserved honor, of course,...
The Welfare State and Intergenerational Injustice
Contrary to current policy, this is not reality. Last Saturday The Imaginative Conservative published my essay, “Let’s Get Back to Robbing Peter: The Welfare State and Demographic Decline.” To add to what I say there, it should be a far more pressing concern to conscientious citizens that the US national debt has risen from $13 trillion in 2010 to nearly $18 trillion today. That is an increase of $5 trillion in just four years, or a nearly 40 percent increase....
Acton On WOOD Radio With Mako Fujimura
Acton broadcast consultant, Paul Edwards, will guest host West Michigan Live on Tuesday, October 21 at 9:00 am EST on WOOD Radio in Grand Rapids. His guest at 9:30 a.m. is artist Makoto Fujimura, whose 2014 ArtPrize entry, Walking on Water, was exhibited at the Acton Building. At his blog, Mako has written an engaging and thoughtful piece about his experience at ArtPrize which will be the focus of Paul’s conversation with him. In West Michigan, you can listen live...
Freedom, Security, and the iPhone
Writing on September 22 in the Wall Street Journal, Devlin Barret and Danny Yadron reported, Last week, Apple announced that its new operating system for phones would prevent law enforcement from retrieving data stored on a locked phone, such as photos, videos and contacts. A day later, Google reiterated that the next version of its Android mobile-operating system this fall would make it similarly difficult for police or Google to extract such data from suspects’ phones. It’s not just a...
Socialists Love Everything About $20 Minimum Wages (Except Paying Such Wages Themselves)
There’s something almost charming about people in American who champion socialism. Yes, their economic views are naive and destructive. And yes most people (though especially the poor) would be much worse off if their vision for “progress” was actually implemented. But it’s hard to be too concerned when they are, at heart, really just capitalists who like to play political dress up. Consider one of their favorite causes, a $20 minimum wage. In their most recent party platform, the Freedom...
Once Again, Religious Shareholder Activists Fail Massively
Despite what is heralded as a banner year for proxy resolutions submitted by religious shareholder activists As You Sow and the Interfaith Center on Corporate Responsibility, 2014 was anything but. Even the left-leaning Center for Political Accountability reports most so-called shareholder victories for political spending disclosure were performed panies’ own initiative rather than prompted by resolutions authored by CPA and submitted by activist shareholders under the guise of religious principles. The AYS and ICCR narrative collapses further under scrutiny from...
Why Not Just Hand Over the Sermons?
After hearing the news that the city of Houston had ordered several pastors to submit their sermons for legal review, many people had the same reaction as Brian Lee: “My response? So what? Sermons are public proclamation, aren’t they?” Sermons are indeed proclamations intended for the public, and most pastors would be eager for anyone — including public officials — to hear them. So what is the reason for the current objection? Mollie Hemingway explains that the true “governing authorities”...
Michael Miller: Let’s Rethink Foreign Aid
Michael Matheson Miller Acton’s Michael Miller, director of the documentary Poverty.Inc, spoke with Bill Frezza at RealClearPolitics. Miller asks listeners to rethink the foreign aid model, which has not been successful in alleviating poverty in the developing world. Rather, Miller makes the case for supporting entrepreneurship and supporting the social and political framework that enable people to lift themselves out of poverty. Listen to the interview here. ...
Rev. Sirico on the Vatican Synod
In today’s Wall Street Journal, Rev. Robert A. Sirico clears away the media hype surrounding the Vatican Synod on the Family and offers an analysis of its early work. He observes that nothing about the synod “challenges the dogma of the church related to the indissolubility of sacramental marriage, the use of artificial contraception, cohabitation and homosexual acts. What it did was soften the tone of these teachings.” But things got interesting. An early report led critics to say that...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved