| 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. |