| 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. |