UNITED STATES OF AMERICA v. 0.546 ACRES OF LAND, MORE OR LESS et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION
UNITED STATES OF AMERICA 	§
§
Plaintiff, 	§
§
v. 	§ 	CASE NO. 7:25-CV-00188
§
0.546 ACRES OF LAND, MORE OR 	§
LESS SITUATE IN STARR COUNTY, 	§
STATE OF TEXAS; AND DAVID 	§
DOMINGO PORRAS, et al.; 	§
§
Defendants. 	§
ORDER REGARDING OWNERSHIP OF SUBJECT PROPERTY
Now before the Court is the dispute as to who holds title to Tract RGV-RGC-6078 (“Subject
Property”). After considering the United States of America’s “Amicus Brief Regarding Ownership
of Subject Property” (Dkt. No. 45) and the applicable law, the Court hereby makes a finding on
Title on the Subject Property.
I. 	Factual and Procedural Background
1. The United States (“Plaintiff”) acquired title to a fee simple estate of the property
identified as the Subject Property on September 17, 2025. (Dkt. Nos. 2,9). See 40 U.S.C. §
3114(b)(1); United States v. 162.20 Acres of Land, More or Less, Situated in Clay Cty., State of
Miss., 639 F.2d 299, 303 (5th Cir. 1981) (“[T]he filing of a declaration of taking and deposit of
estimated compensation vests title in the United States, accomplishing the taking.”). On July 1,
2025, the United States and Defendants Juan Porras and David Porras entered into an Agreement
granting the United States Possession. (Dkt. No. 34).
2. On July 17, 2025, the United States filed its Certificate of Commencement of
United States District Court
Southern District of Texas
ENTERED
April 01, 2026
Nathan Ochsner, Clerk
Case 7:25-cv-00188 Document 54 Filed 03/31/26 in TXSD Page 1 of 5

Service by Publication to provide service by publication to the Unknown Heirs/Devisees of
Angelita Martinez, the Unknown Heirs/Devisees of Urbana Martinez, the Unknown
Heirs/Devisees of Arturo Olivarez Martinez, the Unknown Heirs/Devisees of Lisandro Martinez
and Nora Martinez. (Dkt. No. 40) On August 8, 2025, the United States filed its Certificate of
Publication certifying the publication of the Notice of Condemnation once a week for three
consecutive weeks in the Monitor. (Dkt. No. 42) All named party Defendants with a potential
ownership interest in this action have been served.
3. The following parties are the remaining parties with a potential interest in the Subject
Property: (1) David Domingo Porras, (2) Juan Jose Juan, (3) Linda Martinez Roskin, (4) Raymond
R Martinez, (5) Gilbert D. Martinez, (6) Joel Gabriel Martinez, (7) Unknown Heirs/Devisees of
Angelita Martinez, (8) Reynaldo Roel Reyna, (9) Aminta A. Alaniz, (10) Anita Muñoz Reyna,
(11) Raul Rolando Reyna Jr., (12) Unknown Heirs of Urbana Martinez, (13) Ruben Martinez, (14)
Thelma C. Molina, (15) Isleda Alvarez, (16) Imelda Cruz, (17) Unknown Heirs/Devisees of Arturo
Olivarez Martinez, (18) Patricia A Donelly a/k/a Patricia D. Martinez, (19) Nora Martinez, (20)
Peter Arturo Martinez, and (21) Unknown Heirs/Devisees of Lisandro Martinez. (hereinafter “the
Heirs of Martina Olivarez Martinez”) (Dkt. No. 43, Amended Schedule G).
3. On September 25, 2025, the United States filed an amicus brief regarding the ownership
of the Subject Property. (Dkt. No. 45). A Title hearing was held by this Court on March 19, 2026.
(Minute Entry, March 19, 2026).
4. On October 2, 2025, the Court held a title hearing. (Minute Entry, October 2, 2025)
5. On December 2, 2025, the Court ordered the Defendants to file an Affidavit of Adverse
Possession. (Dkt. No. 47)
6. On January 9, 2026, the Defendants Juan Jose Porras and David Domingo Porras filed
Case 7:25-cv-00188 Document 54 Filed 03/31/26 in TXSD Page 2 of 5

their Affidavit of Adverse Possession. (Dkt. No. 50)
7. Accordingly, after full consideration of the evidence presented, the Court hereby finds
title ownership interest in the Subject Property in Juan Jose Porras (50%) and David Domingo
Porras (50%) by virtue of adverse possession.
II. Authority
Federal courts overseeing condemnation cases have the authority to determine who
holds title amongst parties before a land’s condemnation. Florida Beaches v. Niagara Inv. Co., 148
F.2d 963, 964 (5th Cir. 1945); United States v. 22,680 Acres of Land, 438 F.2d 75, 77 (5th Cir.
1971); Clark v. White, 185 F.2d 528, 530 (5th Cir. 1950). Federal courts look to the substantive
law of the state in which the subject property is located to resolve a title dispute. See United States
ex. Rel. T.V.A. v. Powelson, 319 U.S. 266, 279 (1943). When there are multiple parties claiming
ownership of the land, it is on the party to show their claim to the land. United States v. Lee, 360
F.2d 449, 452 (5th Cir. 1966).
III. Analysis
The Subject Property is a 0.546-acre tract parcel of land, more or less, being out of a called
5.86 acres of land, known as Share 10, Porcion 74, Ancient Jurisdiction of Camargo Mexico, now
Starr County, Texas (“Parent Property”). (Dkt. No. 3, Schedule C). Juan Jose Porras and David
Domingo Porras acquired an interest in Parent Property by virtue of a Warranty Deed. (Dkt. No.
45, Exh. 1).
The United States identified a title gap between the 1949 Partition Decree (Dkt. No. 45,
Exh. 1) and the 1964 Warranty Deed (Dkt. No. 45, Exh. 2), which ultimately conveyed Martina
Olivarez Martinez’s interest in the Subject Property to Juan Jose Porras and David Domingo
Porras. The United States is unable to confirm how the grantors in the 1964 Warranty Deed
Case 7:25-cv-00188 Document 54 Filed 03/31/26 in TXSD Page 3 of 5

obtained an interest in the Subject Property. (Dkt. No. 45).
Juan Jose Porras and David Domingo Porras are the only parties to come forward to present
evidence in support of their ownership interest. The United States reached out to the Heirs of
Martina Olivarez Martinez and only 9 of 13 responded, who all advised they have no evidence to
support their claim of ownership. (Dkt. No. 45).
Adverse Possession
On January 9, 2026, as Ordered by the Court on December 2, 2025 (Dkt. No. 47), Juan
Jose Porras and David Domingo Porras filed their Affidavit of Use and Adverse Possession and
claim to have met the elements of adverse possession under all three statutes of limitations. (Dkt.
No. 50). Under local law, a claimant may establish their title to property by a claim of adverse
possession. “An adverse possession claim requires proof of six elements: (1) actual possession of
the disputed property, (2) that is open and notorious, (3) that is peaceable, (4) under a claim of
right, (5) that is adverse or hostile to the claim of the owner, (6) consistently and continuously for
the duration of the statutory period.” A claimant may avail of the different statutory periods (such
as five years and ten years) set forth in Texas law if the claimant meets the requirements under the
law. See TEX. CIV. PRAC. & REM. CODE § 16.021-27.
IV. Conclusion
The Court is satisfied that there is no genuine dispute of any material fact that Defendants
Juan Jose Porras and David Domingo Porras can and have satisfied all elements of an adverse
possession claim, under the relevant local law, over the subject property in this eminent domain
case. For the foregoing reasons, the Court GRANTS Defendants Juan Jose Porras and David
Domingo Porras’s adverse possession claim. The Court finds that Defendants Juan Jose Porras
and David Domingo Porras are the rightful and sole owner of the Subject Property. The Court
Case 7:25-cv-00188 Document 54 Filed 03/31/26 in TXSD Page 4 of 5

therefore DISMISSES all Defendants named in this case except for Defendants Juan Jose Porras
and David Domingo Porras and 0.546 acres of land, more or less, in Starr County, Texas.
The Court hereby FINDS that total ownership of the Subject Property identified as Tract
RGV-RGC-6078 are as follows: Juan Jose Porras (50%) and David Domingo Porras (50%).
SIGNED this ______ of ___________________, 2026.
___________________________________
DREW B. TIPTON
UNITED STATES DISTRICT JUDGE
31st March
Case 7:25-cv-00188 Document 54 Filed 03/31/26 in TXSD Page 5 of 5