Home
/
RELIGION & LIBERTY ONLINE
/
An approach to land conservation conservatives should get behind
An approach to land conservation conservatives should get behind
Apr 19, 2026 4:51 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
Samuel Gregg on Feelings and Reason
Acton’s prolific director of research Samuel Gregg writes at Crisis Magazine about those who would modernize the Catholic Church (theologically): “Dissenting Catholics’ Modernity Problem.” His reflection centers on the thought of Pope Benedict XVI, whose recent visit toGermany brought the modernizers out of the woodwork, and whose speeches and writings have placed the faithful in their proper context. Judging from the hundreds of thousands of Germans who attended and watched Pope Benedict XVI’s September trip to his homeland (not to...
Audio: Acton on the Vatican’s Global Economic Reform Note
In the wake of the release of the Vatican’s Note on Global Financial Reform, the media has called on Acton ment and analysis. Presented here are three interviews on the topic from the past few days; we’ll post more as audio es available. On Monday afternoon, Acton’s Director of Research Dr. Samuel Gregg joined host Al Kresta on Kresta in the Afternoon to discuss the problems with the note: [audio: The following day, Dr. Gregg joined host Drew Mariani on...
Of Trampolines and Foam Pits
A couple weeks ago I engaged CPJ senior fellow Gideon Strauss in a debate at the Christian Legal Society, “Justice, Poverty, Politics & the State: Is There a Christian Perspective?” One of the questioners afterward proposed that the large scale of the poverty problem required an institution equally as large, i.e. the government. There are lots of problems with that kind of analysis, not least of which is that the “poor” are not some homogeneous blob of humanity, but individual...
Ronald Reagan at Eureka College
John J. Miller has an interesting article about Ronald Reagan and his relationship with Eureka College. Those that have studied the 40th president have long known that Eureka, a Disciples of Christ school, has not always embraced its most notable graduate. This from Craig Shirley’s masterpiece Rendezvous with Destiny, a chronicle of Reagan’s 1980 presidential campaign: Even Reagan’s alma mater, Eureka College in downstate Illinois, seemed ambivalent about him. Reagan was clearly Eureka’s most famous alumnus, and if he became...
The Dynamics of Digital Source and Resource
In an editorial in a previous issue of the Journal of Markets & Morality, “Printed Source and Digital Resource in Economics and Theology” (PDF), I examined developments in research methodology, particularly with an eye toward digital research tools. One of the tools I highlighted was a project that I had some involvement with, the Post-Reformation Digital Library (PRDL). The PRDL has launched a new version today at it’s own website, and includes a substantive move from bibliography to database, as...
Rome Economist Helps Explain Vatican ‘Note’ on Financial Reform
When the Pontifical Council for Justice and Peace needed an expert economist to assist in articulating the “Note” titled Towards Reforming the International Financial and Monetary Systems in the Context of Global Public Authority to feisty journalists at an Oct. 24 Vatican press conference, it called on the University of Rome “Tor Vergata” economics professor, Leonardo Becchetti. For an English translation of the professor’s remarks at the Vatican press conference, go to the end of this post. Prof. Becchetti is...
VIDEO: Andreas Widmer on the Pope, SEVEN Fund
Andreas Widmer, co-founder of the SEVEN Fund and Acton’s research fellow in entrepreneurship, explains the lessons in entrepreneurship he learnt while serving Pope John Paul II as a Swiss Guard in this interview from the Wall Street Journal. He then describes the mission of the Seven Fund. He makes a number of thought-provoking points in the eight minute video: Andreas Widmer is also a voice of the PovertyCure project. ...
In Philadelphia, A Model School Kindles Hope
For too long government-run systems have dominated American primary and secondary education. As innovations of the past two decades such as charter schools and vouchers prove, parents, children, and society benefit when government promotes rather than stifles educational reform based on choice petition. Add to the mounting evidence another success story: St. Martin de Porres school in Philadelphia. This inner city school is finding new life through the cooperation of three not-always-cooperative entities: munity, and government. Read the rest of...
Samuel Gregg: China’s Morally Hollow Economy
On The American Spectator, Acton Research Director Samuel Gregg looks at the death of Wang Yue, a Chinese toddler run over — twice — in a public market while passersby continued on their way. Gregg: Accidents happen. But what made little Wang Yue’s death a matter for intense public discussion was the fact that nearly 20 people simply walked by and ignored her plight as she lay bleeding in the gutter. What, hundreds of Chinese websites, newspapers and even state...
First Houston Luncheon a Great Success (PHOTOS)
If you were lucky enough to be at our Houston luncheon last Thurday, you enjoyed Rev. Robert A. Siciro’s very well-received talk on The Moral Adventure of a Free Society, and pany of more than 200 other friends of the Acton Institute. We are grateful to the Honorable George W. Strake, Jr., who served as emcee, and Dr. Robert B. Sloan, Jr., president of Houston Baptist University, who gave the invocation. The table of young men from Western Academy A...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved