36 Pa. Stat. § 2821
From and after the passage of this act it shall and may be lawful for the several courts of quarter sessions of this commonwealth, upon application of any person, persons, association, stock company, partnership or corporation for a private road, under the surface or over the surface, or partly over and partly under the surface of intervening land or lands, to reach bituminous coal, iron ore, fire clay, kaolin clays, stones, marbles and sands, on, upon or underlying adjacent land, with sufficient surface on the intervening land or lands for the turning of wagons and teams, to cause a view to be had of the said premises; and upon return of viewers that said road, with sufficient surface ground on the intervening land or lands for the turning of wagons and teams, is necessary, then the said court shall cause the same to be entered of record, and thenceforth such road, with the turning ground for wagons and teams, shall be deemed and taken to be a lawful, private road; shall be opened by the party making application for the same, and shall be kept in repair at their exclusive cost.
36 P.S. § 2821