Ex parte Ventura-Melendez
| Decision Date | 07 September 2021 |
| Docket Number | CIVIL 20-1134 (DRD) |
| Court | U.S. District Court — District of Puerto Rico |
| Parties | HECTOR VENTURA-MELÉNDEZ, Ex Parte Petitioner |
Pending before the Court is party of interest, United States of America's Motion to Dismiss Complaint. See Docket No. 24. Essentially, the Government is seeking a dismissal with prejudice of Ex Parte Petitioner, Hector Ventura-Melendez's petition for a claim of ownership of a property allegedly acquired through adverse possession from the United States. See Docket No. 1, Exhibit No. 1, p. 2 ¶¶ 6 and 7. The property in question was identified in the Complaint as:
RURAL: Parcel of land located in Barrio Puerto Ferro, sector Lujan, in the municipality of Vieques, Puerto Rico. It is constituted by zero point nine thousand five hundred fifty-five cuerdas (0.9555 cdas), equivalent to three thousand seven hundred fifty-five point six thousand three hundred twenty-four square meters (3, 755.6324 m2). To the North, in various alignments that add up to a distance of five eight point six zero three six lineal meters (58.6036 m), it is adjacent to the Municipality of Vieques and the Department of the Navy of the United States of America. To the East, in various alignments that add up to a distance of eight two point nine nine zero one lineal meters (82.9901 m) it is adjacent to the Municipality of Vieques and the Department of the Navy of the United States of America. To the South, in various alignments that add up to a distance of three four point nine seven zero seven lineal meters (34.9707 m), it is adjacent to the Municipality of Vieques and the Department of the Navy of the United States of America. To the West, in various alignments that add up to a distance of seven zero point nine six nine nine lineal meters (70.9699 m), it is adjacent to PR Road Number nine nine seven (997).
See Docket No. 1, Exhibit 1, p. 1 ¶ 2. The petitioner filed his respective Response in Opposition thereto. See Docket No. 35. The Government later filed a Reply. See Docket No. 39.
For the reasons stated herein, the Court GRANTS the Government's Motion to Dismiss Complaint (Docket No. 24), and accordingly dismisses the instant case with prejudice.
See id., ¶ 4. According to the Government “[t]he instant case is removable to the United States District Court for the District of Puerto Rico, pursuant to 28 U.S.C. § 1441(a) because this Court has original jurisdiction of the matter under the Quiet Title Act (“QTA”), 28 U.S.C. § 2409a. The QTA provides the “exclusive means by which adverse claimants can challenge the United States' title to real property.” Block v. North Dakota, 461 U.S. 276, 286 (1983). Moreover, “[t]he public policy embodied in the maxim nullum tempus occurrit regi (time does not run against the King) excludes the operation of adverse possession against the United States.” United States v. Hato Rey Bldg. Co., 886 F.2d 448, 450 (1st Cir. 1989).
Taking the allegations set forth in the Complaint as true, the facts are as follows: Mr. Ventura's Petition vests upon the civil possession of a property which began in 1984. He seeks for the Court to order the Property Registrar to register the property under his name as when he began the civil possession of the property, he believed that the property belonged to the Municipality of Vieques, as the property at some point had been transferred to said Municipality by the United States. See Docket No. 34, ¶ 3.
Accordingly, “[o]n November 27, 2019, Ventura filed his ex-parte case at the Court of First Instance, Vieques Part claiming adverse possession title by virtue of the dispositions [of the] current law at the time, specifically Article 185 of the Mortgage Law of 2015, 30 L.P.R.A., section 6291.” Id., ¶ 5. However, the Government filed a Notice of Removal, as a party in interest, pursuant to 28 U.S.C. § 1441(a) essentially alleging original jurisdiction as the Petition related to a property of the United States Government, as such, the United States “has a vested interest in the matter.” Docket No. 1, ¶¶ 2, 5. The Government further argues that Id. at ¶ 3.
Thereafter, the Government filed a Motion to Dismiss Complaint (Docket No. 24), essentially arguing that although the Property subject to the Complaint was transferred to the Municipality of Vieques on December 22, 2010 under the Federal Lands-to-Parks Program of the United States Department of the Interior, it was solely for the public's recreational enjoyment. See Docket No. 24, ¶ 2.
Pursuant to the authority included in the Federal Property and Administrative Services Act of 1949, as amended, the General Services Administration (hereinafter, “GSA”) determined the subject Property to be a surplus to the need of the United States of America. See Docket No. 24, Exhibit 2. Accordingly, the Property was assigned to the Department of Interior. See Docket No. 24, Exhibit 3. Then, it was the Department of Interior who conveyed the Property to the Municipality of Vieques under the Federal Lands-to-Parks Program for recreational use and enjoyment, but subject to restrictions of use.
Accordingly, the Property was transferred through a Quitclaim Deed (hereinafter, the “Deed”) to the Municipality. Therein, the property subject to the Complaint is described as Parcel-A and A-1 as follows:
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