. 325, 332 (1949) (cautioning against making a "fetish" of market value). Lutheran Synod, 441 U.S. at 511. 29 United States V. Petty Motor Co., 327 U.S. 372, 377-78 (1946). 30 See commentary collected in Risinger (1985) and DeBow (1995). Duncanville Landfill, 469 U.S. at 33, quoting Toronto, Hamilton & Buffalo, 338 U.S. at 402. 32 Powelson, 319 U.S. at 280. 33 Kimball Laundry, 338 U.S. at 5. 34 See Gergen (1993); Lunney (1993); DeBow (1995). Networks in Telecommunications b. Determining Market Value under the Takings Clause Market value is the amount that would be paid for the property in a transaction between a willing buyer and a willing seller. 35 Consequently, market value takes into account any aspect of the property that affects the price that a reasonable buyer would be willing to pay. 36 For example, in Boom Co. V. Patterson, the Court held that in determining the value of condemned land, "the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted" (98 U.S. 403, 407-08 (1878)). The Court reiterated these principles in Olson V. United States. In Olson, the Court noted that in determining the price upon which a willing buyer and a willing seller would settle, "there should be taken into account all considerations that fairly might be brought forward and reasonably be given substantial weight in such bargaining." The Court acknowledged the importance of opportunity cost by stating that "[t]he highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future is to be considered, not necessarily as the measure of value, but to the full extent that the prospect of demand for such use affects the market value while the property is privately held." In addition, "to the extent that probable demand by 