Nebraska § 76-2324 Excavator; liability
for damage; when

Nebraska Statutes

§ 76-2324 — Excavator; liability for damage; when

Nebraska § 76-2324

Ch. 76Real Property

This text of Nebraska § 76-2324 (Excavator; liability for damage; when) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 76-2324 (2026).

Text

An excavator who fails to give
notice of an excavation pursuant to section  76-2321  or who fails to comply with section  76-2331  and
who damages an underground facility by such excavation shall be strictly liable
to the operator of the underground facility for the cost of all repairs to
the underground facility. 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 . An excavator
who fails to give notice of an excavation pursuant to section  76-2321  and
who damages an underground facility that is operated by the excavator shall
not be in violation of the One-Call Notific

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An excavator who fails to give
notice of an excavation pursuant to section 76-2321 or who fails to comply with section 76-2331 and
who damages an underground facility by such excavation shall be strictly liable
to the operator of the underground facility for the cost of all repairs to
the underground facility. 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 . An excavator
who fails to give notice of an excavation pursuant to section 76-2321 and
who damages an underground facility that is operated by the excavator shall
not be in violation of the One-Call Notification System Act.
In addition to any liability provided in this section an operator
of a damaged underground facility shall be entitled to any other remedies
available at law or in equity provided by statute or otherwise.

Legislative History

Source: Laws 1994, LB 421, § 24; Laws 2014, LB930, § 4. Annotations: The right of an operator of an underground facility to recover under this section is not dependent upon whether it has taken steps to become a "member" of a one-call notification center. Village of Hallam v. L.G. Barcus & Sons, 281 Neb. 516, 798 N.W.2d 109 (2011).