Skip to content(if available)orjump to list(if available)

American Prairie unlocks another 70k acres in Montana

geye1234

The UK has a much more intelligent (though far from perfect) approach to land use.

It has public rights of way (if on foot, horse or bicycle) crossing the whole country. You can walk from one end of Britain to the other without trespassing, and without using roads (much). Many of these paths are very, very old, in a few cases Roman or pre-Roman, although more are medieval. Until recently, they were based on common law rights, although they're now in statute. The situation is a happy hangover of the medieval approach to property rights, which is based on custom and usage and negotiation instead of strict statute. The American eighteenth-century enlightenment approach is an attempt to make everything tidy: it's based on the rationalist idea that a thing is its definition and nothing more. So private property is private, that means nobody else can use it: case closed.

The medievals also held in theory (not always in practice, hahaha) that one had a moral duty to use wealth for the public benefit, and that not doing so was theft. So buying up land and kicking everybody off was not only frowned upon, but could also get you into legal trouble, and possibly into trouble with the Church.

rafram

Two very, very different situations.

The UK is a small, densely populated country without large areas of true wilderness. Over 90% of the country's land is private. The one area of the UK where there are large expanses of land without many inhabitants is Scotland (due to the Clearances), but the land there is still mostly owned by large land barons, and so Scotland has a more permissive law that allows non-destructive access to almost all private land (Land Reform (Scotland) Act 2003).

The US is almost half public land, it's absolutely gigantic, and it has numerous areas where you can be hundreds of miles away from the closest real settlement. We don't need traditional paths and easements and whatever when we have millions of acres of National Forest and BLM land that you can access freely. There are land barons in the US, but by absolute area, they did a fairly poor job of buying up the country's land before the federal government could protect it.

placardloop

The public land situation in the western US is vastly, vastly different from the situation in the east. Just like you’re saying comparing the US to the UK are two different situations, you also have to treat parts of the US separately.

Almost all of the US’s public lands are west of the Rockies. If you live in Colorado, California, Oregon, Washington then you can basically throw a rock and hit some public lands. East of the Rockies, you can go your entire life without ever even seeing public lands.

https://www.backpacker.com/stories/issues/environment/americ...

aftbit

I'm gonna roll to doubt this. I live in a planned suburb with lots of cul-de-sacs which leads to long car-centric paths without sidewalks to walk through. Most of my neighbors (and myself) are very comfortable with people cutting through or around their yards to bypass this. I've gotten explicit permission to cut through when I'm walking my dog from the neighbors that own the most valuable shortcuts, but I wish there were a custom or law that covered this instead of needing to rely on the kindness of strangers.

Or maybe we could build suburbs with these sorts of walking-paths baked in from the beginning. Mine was laid down in the 70s, so too late for that now...

Don't get me wrong - I love my neighbors, and I find that most people are amenable to reasonable requests, without needing the law to lean on them, but it would be nice to codify this a bit.

rafram

> I've gotten explicit permission to cut through when I'm walking my dog from the neighbors that own the most valuable shortcuts, but I wish there were a custom or law that covered this instead of needing to rely on the kindness of strangers.

If enough people cross their land over a long enough period of time (varies by jurisdiction) without permission, that creates a "prescriptive easement," which is essentially what you're asking for. Some decent info here: https://en.wikipedia.org/wiki/Easement#By_prescription

rascul

> Or maybe we could build suburbs with these sorts of walking-paths baked in from the beginning.

We can. They exist. I've been in some of them.

polairscience

This is so false I can't even begin to describe it. And I say this as someone who nearly daily wanders around National Forest near his house.

First, why would it hurt to codify land access in a clearer way. And second. There are continuous battles with private landowners of where and how to access the public lands that you claim mean we don't need traditional paths or easements. See the recent Wyoming corning crossing case.

There are some public lands within a 5 minute walk of my house that I cannot access because rich landowners have intentionally cordoned them off. They're beautiful areas that should remain public. Why should you be able to effectively buy public land by restricting access to it maliciously? Why shouldn't Americans take seriously access to our shared land resources?

rafram

I don't think we really disagree. We should have better laws preventing landowners from restricting access to public land, and we should have laws explicitly allowing things like corner-crossing. But these are mostly issues in areas of public land that border developed areas. Since the vast majority of public land in this country is freely accessible to everyone via public roads that can't be blocked by private landowners, there's never really been enough political will to do large-scale land access reform like they did in the UK.

Again, over 90% of UK land is private, and large land barons control the vast majority of that. We just don't have a similarly widespread issue with land access in the US.

legitster

Another way to view the medieval approach to land is that it was tied to the people living on it. You bought political boundaries, and the people on the land were bound to it. In one sense you now "owned" the people as serfs, and as another you now had responsibility towards those people.

It's also worth noting how integral Monasteries were to society and provided many of the essential services (from medicine, education, diplomacy etc down to beer and bread). So the "getting in trouble with the church" was actually a stronger mechanism than you would think as they had a large presence and were prescient to common life.

dessimus

>The American eighteenth-century enlightenment approach is an attempt to make everything tidy: it's based on the rationalist idea that a thing is its definition and nothing more. So private property is private, that means nobody else can use it: case closed.

You may be unaware, but the American legal system allows for property owners to be held civilly responsible for the actions of uninvited individuals, including criminals with intent beyond simple trepass, that harm themselves on said private property, unless the owner has taken many somewhat onerous steps to post No Trespassing signs often with requirements of details on the signs and posted in short intervals.

So why would a property owner want to allow random individuals to cross their land if it may mean someone can sue them for damages because they tripped and broke an arm, etc.?

hangonhn

IANL. Under American law, if the owner doesn't enforce exclusion the land can become public through implied dedication if the public continues to use it over time.

wood_spirit

Crikey, I”d hardly sell the UK as good with land access! The UK is pretty awful in comparison to the nearby Nordics. Sweden, for example, has a right to roam in nature which makes the constant antagonism between footpath walkers and landowners that are a mainstay of the English countryside seem so petty.

ericmay

I'll tell you what, the Nordics themselves are pretty awful when compared with the Outback or American southwest. You can just roam wherever you want, no questions asked!

Romario77

in UK a huge amount of land belongs to a small percentage of people, crown and former nobility. 50% of the land belongs to 1% of the people.

US has similar laws that you talk about where you have to give easement or right of way.

georgeburdell

In the U.S., you as a landowner can be sued if someone gets injured on your property while trespassing. Understandably, people close off their land.

potato3732842

And what happened when that doctrine was ported to America was that they used that doctrine to incrementally take the natives land and started a war in only the span of one generation.

throwawaysleep

Americans happily signed treaties with the natives and reneged. The law didn't matter as the law was ignored.

potato3732842

I'm talking about King Phillip's war a century and a half before most of that started happening in earnest.

secondcoming

During the Highland Clearances in Scotland _many_ people were kicked off land.

darth_avocado

America needs more land that’s under stewardship of people who want to conserve it for the future. We’ve lost so much native biodiversity, but there’s still pockets that can revive it if managed appropriately.

BeetleB

In the early 80's, Congress passed some laws that allow people to buy undeveloped land, and declare it to be undeveloped for perpetuity (no one can develop on it even if sold). The owner gets some tax benefits from doing so.

It became a niche segment in the real estate. The idea is you find land that is cheap, but you have a feeling it has mineral wealth. You buy it cheap, get the survey done, and show that it was really worth a lot more. But instead of building a mine/oil well, you declare the land undeveloped for perpetuity. The tax benefit you receive is commensurate to the (now highly increased) value of the land.

You make a profit this way, and the environment benefits.

It's a very risky part of real estate. There are lots of environmental groups who closely monitor the land, and will file a lawsuit if they suspect you are developing on the land. Fighting lawsuits is part of the risk.

Anyway, the person who did the presentation showed some interesting statistics. Supposedly, for every 10 acres of land that is developed in a given year, roughly 9 acres are declared undevelopable for perpetuity. That's really significant (if true).

toomuchtodo

Find people who will donate their land to conservation trusts, whether out of the goodness of their heart or a tax donation. As an owner, you can even keep the land with a conservation easement if you prefer (this is ideal if you're not near end of life, where you might want to continue to enjoy the land versus transfer it to a conservation steward org); you get the tax deduction and continue to own the land, but you cannot develop it. Buying it, imho, is a last resort, because of the legwork to put the funds together. This buy was $35M, for example (or rather, this announcement indicates that was the listing price; the transaction price might be lower, would have to look at property records to confirm).

(i work with a land conservation trust in the midwest)

seabass-labrax

Alongside the environmental disasters that the USA and the rest of the world face, there is some good news to celebrate now and then. Like this HN story, but also things like the new 'wildlife bridge'[1] over Route 101.

https://www.thedrive.com/news/worlds-largest-wildlife-bridge...

hopelite

There is a guy in Alabama that is working to preserve and restore native habitats and plants including prairies, through things like prescribed burning and felling invasive species.

https://youtube.com/@nativehabitatproject

darth_avocado

I follow this channel. He’s the reason I’ve got engaged with land conservation efforts.

myflash13

Owners of land that blocks access to significant amounts of other public land should be required to maintain public access roads or lose ownership (of a path of the states choosing).

lclc

So before nobody had access and it wasn't used, so left to nature. Now everyone can go there. Is that really better?

legitster

In this case it sounds like the land was used for cattle grazing, so it wasn't really a preserve.

Really we should designate more areas as wilderness. i.e. no machinery. Humans can still enjoy the land without roaring across them in 4x4s.

munificent

Yes, it is.

This land is only preserved from development because people are willing to pay taxes for the government to monitor and fence the land, and pay higher property values because there's less land for development.

If you want people to be OK with those costs, it really helps for them to be able to actually go and see the beautiful land that they are preserving. It's not reasonable to expect people to care about nature of you don't let them experience it.

proee

Yes. People can now go for walks, mountain bike, and enjoy the outdoors next to their neighborhood.

boomboomsubban

And hunt, which seems to be one of this group's main concerns.

huhkerrf

> The group bought the land from two billionaire Texas brothers who’d kept the public locked out of one of the only western access roads into adjacent public land,

There's something uniquely evil about locking the public out of public lands.

I'm looking at you, too, Vinod Khosla.

sidewndr46

I thought that weird 'corner crossing' case or whatever with the hunters had rendered this sort of thing impossible? Is that not correct?

dogman144

Still going, and we can call the guy keeping it going by his public records name - Fred Eshelman, pharma wealthy North Carolinian owns the notoriously checkerboarded Elk Mountain in Wy, which if you ever drive I80 past Laramie Wy it’s the big mountain on the south side going west.

owns 6000 acres of checkerboard land that’s effectively 20,000 acres with a notorious ranch manager.

Lost his case in Fed courts in Wyoming and on appeal, trying to do Supreme Court now.

Wyofile has consistently good coverage on this.

kjkjadksj

Sometimes the checkerboarding is the result of indian reservation agreements. For example, Palm Springs is technically like this.

mothballed

I think the corner crossing basically said that the owners of corner-corner can't claim the 'airspace' exactly at the corner and there is more or less a de facto low-airspace easement at the corner.

I'm not sure that it created any sort of ground easement.

It basically allows you to 'hop' from one quadrant to the cross quadrant without touching the other two quadrants of the corner. The guy in that case used a ladder to do that IIRC so he only violated their 'airspace' up until that ruling.

kristjansson

Not if there's no corner to cross. It's totally possible to entirely enclose a piece of public land; it's even easier to own land under access roads, and restrict their use as seems to have been the case here.

k33n

There's so much biased journalism that you really have to read things twice before using words like "evil".

> locked out of ONE OF THE ONLY western access roads

So not locked out.

em-bee

not completely locked out of access to the area, but locked out of using one of the only available road to that area.

k33n

So not locked out of the area.

pike_poker

[flagged]

pimlottc

Seems like a good thing but I was definitely a bit wary from the title. I was worried it would be a MAGA-aligned organization pushing to “unlock” public lands for commercial exploitation (e.g. drilling).

clvx

I wish Flying D could do the same or part of it. They let people in at Spanish Creek but there’s so much land and forest roads to explore.

HardCodedBias

500/acre, am I reading that correctly?

IDK anything about Montana, but that feels inexpensive.

HardCodedBias

Ah it looks like only 22k acres was deeded.

~1500/acre is very normal for Montana farm/pasture land.

It is undisclosed how much American Prairie paid, it will be interesting to see if that ever gets disclosed.

idiotsecant

Fantastic. I am a native of Montana and in my lifetime there has been a huge move toward locking the public out of their own lands by closing off access, violating a century of norms between ranchers and farmers and the public. As the state becomes more popular from really dumb TV shows a larger and larger number of people who don't understand the land culture of Montana are slicing the state up for private monied interests and making public land their private playground. Refreshing to see it move the other way a little bit.

mothballed

Property rights as conceived by Adam smith, John Locke, and even the most ruthless anarcho-capitalists like Murray Rothbard does not acknowledge the right of ownership of land from merely seeing it and declaring everyone else is blocked from accessing the next place. In all such systems, ownership is first derived from developing or homesteading the land.

People that own undeveloped land purely for the reason of blocking someone else do not have any place in the capitalist system. It is nice someone is working on undoing that, through the mechanisms they have available.

potato3732842

Roger Williams and his buddies would (and did) vehemently disagree with this doctrine.

I think you need to remember that Lock and Smith were writing in a century when "they're not using it (by our definition), so we can just go take it" was the legal underpinning by which the english colonies mostly justified forcing the natives off their land and that sort of interpretive creativity had been used for hundreds of years by the various parties in England seeking to get one over on each other.

Now, there's a lot to be said for "default" public access to/through un-posted, unimproved land and there's an even stronger argument in favor of landowners (public included) being required to have some legal access to land they own but the american system where the land owner has fairly unlimited right to kick other people off his property (of course the .gov excepts themselves) arises out of the disputes that the historical english doctrine (there's a word for it but escapes me) causes.

I think people buying up land strategically to block access to other land is obviously bad and the whole corner crossing thing should have been a joke, but this is a very thorny and complex problem.

mothballed

I believe what you're referencing in the second paragraph more closely describes adverse possession, than the initial creation of the property right from mixing land with labor.

potato3732842

We call it adverse possession now but they had some different old timey term for it (the name escapes me) and the laws that they inherited from the english were far, far, more favorable to the possessor because it was all built around the reality that the peasants who would be the ones working the land might have some rights but never really owned shit at the end of the day and that if some peasant who had the right to use some spot wasn't using it then the next guy was free to use it productively because at the end of the day the lord/church/crown whatever would extract their cut regardless, more productivity, more cut for whoever. Papering over "but you said I could graze my animals there" vs "yeah but you weren't using it" type disputes makes sense in that context.

What happened in parts of New England was people were expanding into native territory, the natives would appeal to these people's governments "hey, one of your assholes built a farm where I hunt, tell that guy to GTFO" and the .gov would say basically "you weren't using it in any way we recognize, piss off", basically using the historical doctrine they got from England, until eventually, farm by farm and pasture by pasture so much had been taken that the natives were so squeezed a lot of them cast their lot in with King Phillip. And after that the various lawmaking bodies started saying things like "hey maybe that weird Roger guy was onto something with his whole 'they're using it their own way, we oughtta pay em for it' schtick" and writing protections for dis-used property into law and restricting what we now call adverse possession so as to reduce/prevent such disputes from reaching a boiling point going forward.

whatever1

If you did not fight for it you don’t have ownership rights. The state owns the land. The rest of us are mere users of it.

For the many downvoters do this thought experiment: the neighbor country attacks and takes over your country. What is your ownership title worth? Exactly 0. Hence it was not yours to begin with.

AnimalMuppet

For the N years between now and the neighbor country conquering, the title is worth the value I can get from the legal rights it gives me within the legal system of my country. That's more than zero, even if it doesn't last forever.

whatever1

You can bet on a price but it’s not yours. Unless the state defends it and agrees that the piece of paper you call title is binding.

To the conqueror your paper means nothing.

pixelpoet

> one of the only

That reminds me, I still have to put up the explanation at oneoftheonly.com for why this phrase doesn't make sense and is the new "could care less".

QuercusMax

Words don't just have a single meaning.

Definition 3 from Merriam-Webster[1] of "only": FEW

I can say "one of the few", or "one of the only", and they both make perfect sense (and have the same meaning). You're being blindly prescriptive without even doing the legwork.

1: https://www.merriam-webster.com/dictionary/only

pixelpoet

Yes and I'm sure Webster will also say[1] that literally is a synonym for figuratively, because of how people also like to destroy the meaning of that word, and descriptivists will forcefully (and ironically) prescribe indifference to that.

[1] https://www.merriam-webster.com/dictionary/literally

idreyn

I would like a non-native speaker to weigh in, but I gloss it as "there are ONLY a few and this is ONE OF them" and have never found that confusing or contradictory.

pixelpoet

That's exactly the difference: "one of the few" necessarily implies scarcity, whereas you could say e.g. "one of the only grains of sand at the beach" while clearly there are many.

pests

I wouldn’t use that phase for sand grains exactly because there are so many. If you added a qualification like “… that is colored blue” then it sounds fine again to me.

jacobolus

An example sentence could be: "Joe found a rare green grain of olivine sand, one of the only grains of sand at the beach that hadn't originated as coral or mollusc shell".

QuercusMax

"few" is one of the meanings of "only". "One of the few" is a perfectly normal thing to say as well.

em-bee

as a nonnative fluent speaker, to me "one of the few" and "one of the only" mean the same thing, with "of the only" possibly being even less than "of the few"

shayway

It makes sense both grammatically and logically; I think this might just be a parsing issue.

For example: Alaska and Hawaii are the only non-contiguous U.S. states. Alaska is one of the only non-contiguous states.

The 'only' is part of the group definition, implying the individual 'one' is part of a small subset of some sort.

null

[deleted]

dfxm12

From the perspective that "only" can mean only one, sole, etc., this is still the correct usage of the idiom "one of the only". Idioms don't match the literal meanings of the words that make them up. Even if unsure, the context makes it clear.

This is in contrast to people mistaking one word for another.

madmads

What would be an alternative that conveys the same thing, in your opinion?

sidewndr46

irregardless, I think we understand what the author meant

jjtheblunt

doesn't make sense because it's a contraction of "one of the one-ly" ?