| 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. |