Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Feb 23, 2026 6:47 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
‘Hillbilly Elegy’: the choice to change vs. the choice to leave
J.D. Vance goes from washing and reusing plastic forks at home to posh dinners with seven utensils per setting. The new Netflix film adaptation of his memoir catches the details of knives and forks but misses the “meat” of Vance’s story. Though they have the same title and many of the same plot points, the book and film have different messages. While the book is primarily about the choice to change, the film centers around the choice to leave. This...
The state of human freedom in 2020
The year 2020 has been the most challenging and demanding year most Americans can remember. How did freedom fare in the United States and around the world over the past year? The Cato Institute and Canada’s Fraser Institute measured the level of liberty at the national, regional, and global level for the sixth year in a row. “The Human Freedom Index 2020” surveys conditions in 162 of the world’s 193 nations, covering 94% of the world’s population. Their verdict? Stasis....
Meet the two Chinese Christians Donald Trump compared to Thomas Becket
On Tuesday, President Donald Trump rendered a tremendous service to the advancement of global religious liberty: He reminded people of the legacy of Thomas Becket, and he named the sainted martyr’s modern-day successors-in-the-spirit. The same battle for dominance between the flesh and the spirit still rages eight centuries later, merely changing venue from England to China. In a beautifully written document on the 850th anniversary of Becket’s murder, President Trump recounted the life and ministry of the archbishop of Canterbury....
What Brussels sprouts can teach us about work and innovation
For many, Brussels sprouts are symbolic of not-so-popular childhood cuisine, remembered mostly for their bitter taste and ominous odor. More recently, however, they’ve had a revival of sorts, ing a treasured item in the kitchens of professional restaurateurs and home chefs alike. While the renaissance may at first seem like a passing fad driven by the whims of modern palettes, it began in the 1990s with the innovative efforts of a Dutch scientist. Marked by decades of incremental improvements and...
Christmas replaces Utopia with the kingdom of Heaven
While researching another article, I was taken aback to read a political organization refer to its platform as a “new covenant.” The feeling of unease deepened with each plank of its revolutionary and highly divisive program to remake society de novo (about which, more later). Such mislabeling, while far from a first in politics, does a disservice to “the mystery which has been hidden from ages and from generations” – immanentizing the eschaton, in the immortal phrase of William F....
Christmas book recommendations, 2020
In what has been a very trying year of pandemic, unrest, and contentious politics we found ourselves again wrapped up in books, for “[b]ooks, both in their reading and their writing represent not just knowledge but a way of knowing, they are how we e wise.” As Christmas approaches, some members of the Acton Institute’s staff are closing out 2020 by mending the best books they have read this year: Jordan Ballor The Old House of Fear by Russell Kirk:...
Advent and Christmas: seasons for the entrepreneur
Advent is a time of both patience and anticipation for Christmas. As a result, these seasons make an ideal season for entrepreneurs to reflect spiritually. Advent is also a time for thinking about our responsibilities as Christians between the first Advent in the incarnation and the second Advent in the Parousia – in other words, how we my responsibly use our freedoms and liberties. Joy to the World! The Lord e Let earth receive her King! Let every heart prepare...
Rebuilding social capital
Social capital refers to a certain set of informal values and skills shared among members of a group that permit cooperation regardless of socioeconomic characteristics. It is the learned ability of individuals to engage socially and work within organizations to mon objectives. In economics, the term “fixed capital” refers to a stock of equipment, and investment and depreciation are flows adding to or decreasing the existing stock. The stock of social capital at any point in time is fixed but...
This restaurant owner is the face of California’s selective lockdowns
As states like California continue imposing harsh COVID-19 lockdowns on their citizens, government officials gain even more power to decide which businesses get to survive. Unsurprisingly, politicians have given powerful interests preferential treatment. One of the most blatant cases occurred in Los Angeles, where a restaurant owner’s tearful condemnation of the city’s uneven policies reveals what happens when government starts deciding whose livelihood takes priority. As Angela Marsden describes in her now-viral video, a newly imposed ban on outdoor dining...
The 3 pillars of Christian economics
Could economics, which academics long ago deemed “the dismal science,” have a specifically Christian application? If so, what are the unique features of a Christian approach to economics? Edd S. Noell of Westmont College and Stephen L. S. Smith of Hope College expertly answer this question in a recent study published in Christian Scholars Review titled “Economics, Theology, and a Case for Economic Growth: An Assessment of Recent Critiques.” (The authors gratefully acknowledged the financial support of their current colleges,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved