ZANESVILLE, Ohio (AVC News) — The Fifth District Court of Appeals has upheld a trial court’s decision allowing the Muskingum County Convention Facilities Authority (CFA) to proceed with acquiring two billboard easements through eminent domain from Barnes Advertising Corporation.
The CFA plans to redevelop land near downtown Zanesville, currently home to the Muskingum County Welcome Center, into a new “gateway district.” The project includes building two covered pavilions in the location currently occupied by the billboards. After failing to reach a voluntary sale agreement with Barnes, the CFA filed a petition to appropriate the easements.
Barnes objected, arguing the CFA’s plans were vague and speculative, and that the petition lacked detail. However, the appeals court found the CFA’s description of its project met legal requirements and ruled that the CFA had provided sufficient evidence that the takings were necessary and for a legitimate public use.
Testimony at trial showed the CFA had completed construction plans, secured funding, and hired a project manager. The court noted that the proposed use — including weekly farmers markets, community events, and support for downtown revitalization — served a public purpose beyond just economic development.
The court rejected Barnes’ argument that the CFA’s statutory authority under R.C. 351.22 automatically justified the public use, affirming that the final determination of “public use” must be made by the judiciary under Ohio law.
The trial court’s ruling was affirmed, clearing the way for a separate hearing to determine the amount of compensation Barnes will receive for the easements.
Last Updated on April 22, 2026 by AVC News
