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Kansas Statutes Annotated

K.S.A. § 66-1803 (2026)

Excavator's duty to ascertain location of facilities

✓ current as of May 2026
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66-1803. Excavator's duty to ascertain location of facilities. An excavator shall not engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed in this act, a location of all underground facilities in the proposed area of the excavation.

History: L. 1993, ch. 217, § 3; July 1.

CASE ANNOTATIONS

1. Legislature intended each and every underground facility's tolerance zone location be marked in excavation area. Southwestern Bell Telephone v. APAC-Kansas, Inc., 36 Kan. App. 2d 299, 311, 138 P.3d 1238 (2006).

2. Corporation commission's order upheld in levying penalty against excavator under Kansas underground utility act. Double M Constr. v. Kansas Corporation Comm'n, 288 Kan. 268, 202 P.3d 7 (2009).


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Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2006–2026 · leading case: Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009).
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Double M Constr., Inc. v. State Corp. Comm'n, 202 P.3d 7 (Kan. 2009). “K.S.A. 66-1803 provides: “An excavator shall not engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed in this act, a location of all underground facilities in the proposed area of the excavation.”
Sw. Bell Tel., L.P. v. APAC-Kansas, Inc., 138 P.3d 1238 (Kan. Ct. App. 2006). · cites it 3× “66-1803 places a duty upon an excavator to ascertain the location of all underground facilities in a planned excavation site: “An excavator shall not engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed in…”
Kansas One-call Sys., Inc. v. State, 274 P.3d 625 (Kan. 2012). · cites it 2× “See K.S.A. 66-1803 ("An excavator shall not engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed in this act, a location of all underground facilities in the proposed area of the excavation.”
Kansas One-Call Sys., Inc. v. State, 274 P.3d 625 (Kan. 2012). · cites it 2× “See K.S.A. 66-1803 (“An excavator shall not engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed in this act, a location of all underground facilities in the proposed area of the excavation.”
N. Nat. Gas Co. v. Am. Warrior, Inc. (D. Kan. 2026). · cites it 2× “” Kan. Stat. Ann. §§ 66-1803 , 66- 1804(a).”
Foster v. USIC Locating Servs., LLC (D. Kan. 2019). “§ 66-1802(e), § 66-1803. An excavator also has a duty to exercise reasonable care for the “protection of any underground facility in and near the construction area when working in close proximity to any such underground facility.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.