| In implementing paragraphs A, B and, C, and D the |
| Legislature shall provide that any change of use higher than |
those set forth in paragraphs A, B and, C and D, 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. 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. |