| In implementing paragraphs A, B and C, the Legislature shall |
| provide that any change of use higher than those set forth in |
| paragraphs A, B and C, except when the change is occasioned by a |
| transfer resulting from the exercise or threatened exercise of |
| the power of eminent domain, shall result in the imposition of a |
| minimum penalty equal to the tax which would have been imposed |
| over the 5 years preceding that change of use had that real |
| estate been assessed at its highest and best use, less all taxes |
| paid on that real estate over the preceding 5 years, and |
| interest, upon such reasonable and equitable basis as the |
| Legislature shall determine. Notwithstanding this subsection, a |
| penalty may not be imposed against a person who owns real estate |
| that has been valued based upon the current use of that real |
| estate as timberland or woodland for at least 20 years when that |
| real estate ceases to be so valued. Any statutory or |
| constitutional penalty imposed as a result of a change of use, |
| whether imposed before or after the approval of this subsection, |
| shall be determined without regard to the presence of minerals, |
| provided that, when payment of the penalty is made or demanded, |
| whichever occurs first, there is in effect a state excise tax |
| which applies or would apply to the mining of those minerals. |