| 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. |