Neb. Rev. Stat. » Chapter 76
Nebraska Revised Statutes

Neb. Rev. Stat. § 76-2323 (2026)

Underground facilities; mark or identify; excavator; violations

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) Upon receipt of the information contained in the notice pursuant to section 76-2321, an operator shall advise the excavator of the approximate location of underground facilities in the area of the proposed excavation by marking or identifying the location of the underground facilities with stakes, flags, paint, or any other clearly identifiable marking or reference point and shall indicate if the underground facilities are subject to section 76-2331. The location of the underground facility given by the operator shall be within a strip of land eighteen inches on either side of the marking or identification plus one-half of the width of the underground facility. If in the opinion of the operator the precise location of a facility cannot be determined and marked as required, the operator shall provide all pertinent information and field locating assistance to the excavator at a mutually agreed to time. The location shall be marked or identified using color standards prescribed by the center. The operator shall respond no later than two business days after receipt of the information in the notice or at a time mutually agreed to by the parties.

(2) The marking or identification shall be done in a manner that will last for a minimum of five business days on any nonpermanent surface and a minimum of ten business days on any permanent surface. If the excavation will continue for longer than five business days, the operator shall remark or reidentify the location of the underground facility upon the request of the excavator. The request for remarking or reidentification shall be made through the center.

(3)(a) Beginning September 1, 2024, it shall be a violation of the One-Call Notification System Act for an excavator to (i) serve notice of intent to excavate upon the center for an area in which the excavation cannot be reasonably commenced within seventeen calendar days after the excavation start date indicated pursuant to section 76-2321 or (ii) request remarking or reidentification for any area in which the excavation cannot be reasonably commenced or continued within fourteen calendar days after the date remarking or reidentification is completed.

(b) After receiving notice of any alleged violation of this subsection pursuant to subsection (2) of section 76-2325, the excavator shall in its answer describe the circumstances which prevented the commencement or continuation of excavation within the timeframes set forth in this subsection.

(4) An operator who determines that such operator does not have any underground facility located in the area of the proposed excavation shall notify the center of the determination prior to the date of commencement of the excavation, or prior to two full business days after transmittal of the ticket, whichever occurs sooner. All ticket responses made under this subsection shall be transmitted to the operator and excavator by the center.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2003–2021 · leading case: Mercer v. North Cent. Serv., 308 Neb. 224 (Neb. 2021).
Sort: Relevance Newest Treatment
Mercer v. North Cent. Serv., 308 Neb. 224 (Neb. 2021). · cites it 3× “rticipating utili- ties must comply with § 76-2323: (1) Upon receipt of the information contained in the notice pursuant to section 76-2321, an operator shall advise the excavator of the approximate location of under- ground facilities in the area of the proposed excavation by…”
Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 656 N.W.2d 444 (Neb. 2003). · cites it 4× “An excavator who gives the notice and who damages an underground facility shall be liable to the operator for the cost of all repairs to the underground facility unless the damage to the underground facility was due to the operator’s failure to comply with section 76-2323.…”
Hughes v. Omaha Pub. Power Dist., 735 N.W.2d 793 (Neb. 2007). · cites it 8× “And the evidence the majority opinion cites to oppose this view is not germane to whether Hughes' subjectively appreciated the danger. I would affirm the district court's decision that Hughes assumed the risk of his actions.”
— Neb. Rev. Stat. § 76-2323(1) — 2 cases
Hughes v. Omaha Pub. Power Dist., 735 N.W.2d 793 (Neb. 2007). “And the evidence the majority opinion cites to oppose this view is not germane to whether Hughes' subjectively appreciated the danger. I would affirm the district court's decision that Hughes assumed the risk of his actions.”
Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 656 N.W.2d 444 (Neb. 2003). “An excavator who gives the notice and who damages an underground facility shall be liable to the operator for the cost of all repairs to the underground facility unless the damage to the underground facility was due to the operator’s failure to comply with section 76-2323.…”
— Neb. Rev. Stat. § 76-2323(2) — 2 cases
Hughes v. Omaha Pub. Power Dist., 735 N.W.2d 793 (Neb. 2007). “And the evidence the majority opinion cites to oppose this view is not germane to whether Hughes' subjectively appreciated the danger. I would affirm the district court's decision that Hughes assumed the risk of his actions.”
Galaxy Telecom, L.L.C. v. J.P. Theisen & Sons, Inc., 656 N.W.2d 444 (Neb. 2003). “An excavator who gives the notice and who damages an underground facility shall be liable to the operator for the cost of all repairs to the underground facility unless the damage to the underground facility was due to the operator’s failure to comply with section 76-2323.…”
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.