K.S.A. » Chapter 66
Kansas Statutes Annotated

K.S.A. § 66-1809 (2026)

Excavator's duty to exercise reasonable care; trenchless excavation; rules and regulations

✓ current as of May 2026
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66-1809. Excavator's duty to exercise reasonable care; trenchless excavation; rules and regulations. (a) Upon receiving information as provided in K.S.A. 66-1806, and amendments thereto, an excavator shall exercise such reasonable care as may be necessary for the protection of any underground facility in and near the construction area when working in close proximity to any such underground facility.

(b) An excavator using a trenchless excavation technique shall meet minimum operating guidelines as prescribed in rules and regulations developed and adopted by the state corporation commission in support of this act.

History: L. 1993, ch. 217, § 9; L. 2002, ch. 41, § 6; January 1, 2003.


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Notes of Decisions
Cited in 3 cases, 2006–2019 · leading case: Sw. Bell Tel. Co. v. Beachner Constr. Co., 221 P.3d 588 (Kan. 2009).
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Sw. Bell Tel. Co. v. Beachner Constr. Co., 221 P.3d 588 (Kan. 2009). · cites it 2× “See K.S.A. 66-1809. However, when, as here, a city has ordered a provider to move its utility line “in order to accomplish construction” of the city’s sewer line by a contractor, the duty of reasonable care cannot rest entirely upon the contractor.”
Sw. Bell Tel., L.P. v. APAC-Kansas, Inc., 138 P.3d 1238 (Kan. Ct. App. 2006). · cites it 6× “APAC maintains that the trial court never made the finding that APAC failed to use reasonable care in violation of K.S.A. 66-1809(a), which would justify a rebuttable presumption of negligence under K.”
Foster v. USIC Locating Servs., LLC (D. Kan. 2019). · cites it 2× “” K.S.A. § 66-1809. An operator—defined as “any person who owns or leases an underground tier 1 or tier 2 facility”—has two working days to “inform the excavator of the tolerance zone of the underground facilities .”
— K.S.A. § 66-1809(a) — 2 cases
Sw. Bell Tel., L.P. v. APAC-Kansas, Inc., 138 P.3d 1238 (Kan. Ct. App. 2006). “APAC maintains that the trial court never made the finding that APAC failed to use reasonable care in violation of K.S.A. 66-1809(a), which would justify a rebuttable presumption of negligence under K.”
Sw. Bell Tel. Co. v. Beachner Constr. Co., 221 P.3d 588 (Kan. 2009). “See K.S.A. 66-1809. However, when, as here, a city has ordered a provider to move its utility line “in order to accomplish construction” of the city’s sewer line by a contractor, the duty of reasonable care cannot rest entirely upon the contractor.”
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