Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Apr 26, 2026 4:57 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
From Edwards to Darwin, Abraham to Jesus
Two quick items: First, in unrelated projects, the works of Jonathan Edwards (HT: Reformation21) and Charles Darwin (HT: Slashdot) are set to be digitized and accessible online. Looks like the Darwin set plete, and the Edwards works are in public beta, with only the Miscellanies and sermons available as yet. And second, I’m headed to the exhibit, “From Abraham to Jesus,” tonight, called “the largest touring exhibit of sacred text, biblical art, and artifacts in history.” The tour opens in...
Faithfulness in Biblical Interpretation
I ran across the following quote from Søren Kierkegaard recently (HT: the evangelical outpost): The matter is quite simple. The Bible is very easy to understand. But we Christians are a bunch of scheming swindlers. We pretend to be unable to understand it because we know very well that the minute we understand we are obliged to act accordingly. Take any words in the New Testament and forget everything except pledging yourself to act accordingly. My God, you will say,...
Beisner Responds
In the latest Interfaith Stewardship Alliance newsletter, dated Oct. 21, Cal Beisner passes along his response to the letters sent by Bill Moyers’ legal counsel (background on the matter with related links here). Here’s what Beisner says as related through his own counsel: Your letter of October 18, 2006, to Interfaith Stewardship Alliance and your letter of October 19, 2006, to Dr. E. Calvin Beisner have been sent to me by my clients for reply. I have carefully examined the...
The Catholicity of the Reformation: Musings on Reason, Will, and Natural Law, Part 4
As promised in Part 3, this post will begin a discussion of natural law in the thought of the Reformer Peter Martyr Vermigli (1499-1562), but first I want to touch on the broader issue of natural law in the context of Reformation theology. More than any other Reformer, John Calvin is appealed to for his insight on natural law. This is probably due to the stubborn persistence among scholars to single him out as the chief early codifier of Protestant...
Capitalism and the Common Good: The Ten Pillars of the Moral Economy
Sirico: No moral conflicts with rooting for the Tigers On Friday afternoon, Rev. Robert A. Sirico addressed an audience of Acton Supporters at the Detroit Athletic Club in Detroit, Michigan. His address was titled Capitalism and the Common Good: The Ten Pillars of the Moral Economy, and we are pleased to make it available to you here (10.5 mb mp3 file). I would be remiss if I failed to note that the event took place on the eve of the...
Stossel and Symmetric Information
Jim Aune, blogger-in-chief at The plained yesterday about his health care treatment. He says, “I have been in constant pain for 36 hours. I actually used a cane to go to the office yesterday for some meetings. The problem? I have a trapped nerve in my abdomen from a double hernia repair a year ago. I got shot up with steroids about 3 weeks ago, and that worked for about 5 days, but I still can’t walk without a ripping...
Power
Zenit published the following this weekend, mentary by Capuchin Father Raniero Cantalamessa on this Sunday’s liturgical readings (Isaiah 53:2a.,3a.,10-11; Hebrews 4:14-16; Mark 10:35-45). Well worth the read. After the Gospel on riches, this Sunday’s Gospel gives us Christ’s judgment on another of the great idols of the world: power. Power, like money, is not intrinsically evil. God describes himself as “the Omnipotent” and Scripture says “power belongs to God” (Psalm 62:11). However, given that man had abused the power granted...
Transforming Lives in Nashville
NASHVILLE – The event was billed as an “appreciation” for the volunteers at the Christian Women’s Job Corps of Middle Tennessee and the theme for the evening was set by St. Paul’s Epistle to the Galatians: Let us not e weary in doing good, for at the proper time we will reap a harvest if we do not give up (Gal. 6:9). By the time the program wrapped up, everyone in attendance was reminded of the plain truth that making...
Moyers/Beisner/Akin Kerfuffle
As noted here, last week PBS ran a special by Bill Moyers’, “Is God Green?” examining the “new” trend among evangelicals toward stewardship of the environment. Arguably what is “new” about this move is its coherence with liberal/leftist environmentalism. As also noted previously, “The munity for 5,000 years or more has taken its responsibility for the environment seriously. The whole concept of ‘stewardship’ is one es directly from sacred texts.” Stewardship isn’t new. Perhaps the method for stewardship proposed is....
Not as Sick as You Think
In a column yesterday, George Will coined a term that deserves widespread use: economic hypochondria. He criticizes the way in which the media—and many of us, even though relatively “healthy,” financially—pounce on every bit of news that might be interpreted as indicating economic hardship. Will’s column has a certain partisan bent to it, but one needn’t be a Republican to see the larger point. As liberal writer Gregg Easterbrook observed in The Progress Paradox, even the poorest Americans enjoy a...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved