According to a report on the Charlotte Observer web site yesterday, Dale Earnhardt Inc. will not be allowed to sell the actual number 8 to Hendrick Motorsports when Dale Earnhardt Jr. moves to the team next year.  NASCAR spokesman Ramsey Poston reiterated that NASCAR owns and assigns all car numbers and said a team cannot sell numbers on their own accord. He stated:

NASCAR owns the numbers and licenses them to teams on an annual basis. A team may allow another team to use the number for that year pending NASCAR’s approval.

Any numbers used by teams are still considered the property of NASCAR and if a team gives up a number then it returns to NASCAR for reassignment. So even if Teresa Earnhardt is willing to give up the number, it is not automatic that Hendrick will get the number. Although I suspect that NASCAR would be in deep sticky asphalt with Earnhardt Jr.s race fans if they did not give the number 8 to Hendrick were that scenario to happen.